The Supreme Court Collegium is debating the practice of appointing family members of current or former judges as High Court judges. This move seeks to address public concerns about perceived favouritism toward second-generation lawyers over first-generation ones.
In December 2022, the Collegium initiated discussions with lawyers recommended for High Court judgeships. Some Collegium members proposed that candidates with close relatives in the judiciary should not be considered for judgeships. However, this suggestion raised concerns about excluding deserving candidates. Proponents of the idea argue that these individuals can still thrive as successful lawyers.
Critics argue that the current system favors candidates with family ties in the judiciary. This practice is believed to compromise fairness in judge selection.
Restoration Of Collegium System
The Collegium system decides High Court and Supreme Court appointments. Experienced lawyers can also directly become High Court judges. In 2014, the National Judicial Appointments Commission Act (NJAC) aimed to give the government more power in judicial appointments. However, the Supreme Court repealed the NJAC in 2015, reinstating the Collegium system. Since then, the Court has worked to increase transparency in the appointment process.
Discussions within the Collegium, led by CJI Sanjiv Khanna and four other senior judges, continue to explore measures to curb nepotism. This includes ensuring a fair and merit-based selection process for judges in India’s higher judiciary.
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