In defense of the collegium
2 years ago

In defense of the collegium

New Indian Express  

India has embraced liberal constitutional values which are manifested through an independent judiciary. In all probability, the executive's attempt in taking the bull by the horns emanates from its losing the position of convenience in important constitutional matters to be adjudicated. In doing so, it has signalled an express reservation on the exercise of the Court's power of striking down legislation, deeming it to be "juristocracy". The reservation, however, is thriving on the idea of "popular constitutionalism", which renders that majoritarian process is sufficient, judicial review is unnecessary and any invalidation of laws is the "Tyranny of Unelected". It is, therefore, no exaggeration to say that the reasons for the two-fold blitz on the judiciary by the executive on appointments and exercise of judicial power seem to be an attempt to enfeeble the institution.

 power  collegium  defense  judicial  exercise  constitutional  judiciary  attempt  legislation  unnecessary  values  reservation

History of this topic

Collegium system is vibrant, committed to its task: CJI Chandrachud
1 year, 5 months ago

Collegium system is vibrant, committed to its task: CJI Chandrachud

Hindustan Times  

Chief Justice of India Dhananjaya Y Chandrachud on Tuesday said that the recent appointment of two judges to the Supreme Court within 72 hours of their recommendation was a message to the nation that the Collegium is vibrant, active, and committed to its task. Read here: Bilkis case: SC to hear petitions against remission to 11 convicts Addressing a gathering …

Necessary pushback: The Hindu Editorial on the Supreme Court Collegium’s reiteration of recommendations
1 year, 11 months ago

Necessary pushback: The Hindu Editorial on the Supreme Court Collegium’s reiteration of recommendations

The Hindu  

The Supreme Court collegium has done well to push back against the Union government’s attempts to block the appointment of some advocates as High Court judges. Communications between the collegium and the Centre offer a glimpse into the untenable nature of the government’s objections to proposed appointees, making it abundantly clear how badly the current regime wants to control judicial …

A guardrail of democracy
1 year, 11 months ago

A guardrail of democracy

Hindustan Times  

An unfortunate new dimension has been added to the ongoing tussle between the government and the Supreme Court over judicial appointments: The basic structure doctrine. Two weeks ago, vice-president Jagdeep Dhankhar expressed his disapproval of the 1973 judgment, asking if the judiciary could put fetters on Parliament’s powers to amend the Constitution and frame laws in a democratic nation. The …

Check, do not cross: The Hindu Editorial on the government’s attack on the judiciary
1 year, 11 months ago

Check, do not cross: The Hindu Editorial on the government’s attack on the judiciary

The Hindu  

There is something rude and unpleasant in the way the Government is going about the task of demanding a big say in the appointment of judges in constitutional courts. Reports say that the Minister wants the formation of a search-and-evaluation committee, with Government representatives, to suggest names to the collegiums in the High Courts and the Supreme Court for appointments. …

NV Ramana, UU Lalit, DY Chandrachud, 2022 Saw 3 CJIs: So, How Was It?
1 year, 11 months ago

NV Ramana, UU Lalit, DY Chandrachud, 2022 Saw 3 CJIs: So, How Was It?

The Quint  

And yet, Ramana, Lalit and Chandrachud, in their respective tenures, along with some of their fellow judges at the Supreme Court, should be credited for standing up to an increasingly querulous executive. Especially, in recent months, when from the law minister to the vice president, government figures have grown increasingly unsparing with their 'take' on the functioning of our constitutional …

The attack on the last bastion — the judiciary
2 years ago

The attack on the last bastion — the judiciary

The Hindu  

Recent comments by the Vice-President, Jagdeep Dhankar, and the Law Minister, Kiren Rijiju, can be read as a concerted attack on the collegium system, the Supreme Court of India, and even the basic structure doctrine. And a resurgent judiciary Since the Supreme Court’s decision in 2015 on the National Judicial Appointments Commission Act, arguably, from the Court under the Chief …

Unseemly conflict: The Hindu Editorial on Supreme Court-government tussle over the Collegium system
2 years ago

Unseemly conflict: The Hindu Editorial on Supreme Court-government tussle over the Collegium system

The Hindu  

The Union government appears determined to turn its conflict with the judiciary over judicial appointments into something unseemly. One is the daily diatribe by Union Law Minister Kiren Rijiju, who appears to have been given an assignment to target the Collegium system with trenchant criticism of its known, but uncorrected flaws, and top it with unwarranted remarks such as asking …

Malady and remedy: The Hindu Editorial on the collegium system of judicial appointments
2 years, 1 month ago

Malady and remedy: The Hindu Editorial on the collegium system of judicial appointments

The Hindu  

The collegium system of making appointments to the higher judiciary has come under focus, largely due to critical remarks made by Union Law Minister Kiren Rijiju. A lawyer has now formally approached the Supreme Court for reconsideration of its 2015 judgment striking down the Constitution amendment and the law creating a National Judicial Appointments Commission. While the petition will be …

DC Edit | Judges’ pick: Make it transparent
2 years, 1 month ago

DC Edit | Judges’ pick: Make it transparent

Deccan Chronicle  

The Supreme Court expressing its displeasure to the Union government over the delay in appointing people in the higher judiciary despite reiteration by its collegium and issuing notice to bureaucrats in the ministry of law and justice must trigger a serious discussion in the way in which the whole exercise is being conducted. However, with the passage of time, the …

Chief Justice Ramana is right
2 years, 7 months ago

Chief Justice Ramana is right

Hindustan Times  

In a landmark speech, at a conference of state chief ministers and high court chief justices, and in the presence of Prime Minister Narendra Modi, the Chief Justice of India NV Ramana offered a powerful diagnosis of what ails Indian judiciary on Saturday. Better laws, fairer enforcement of laws, less arbitrary decision making, more harmony within the executive, greater willingness …

A people’s court must be open to public accountability
4 years, 4 months ago

A people’s court must be open to public accountability

Live Mint  

The Supreme Court’s recent contempt judgement against Prashant Bhushan has again raised the question of what is considered legitimate criticism of India’s higher judiciary. The Supreme Court has evolved the judicial appointment system and enlarged its public interest litigation jurisprudence well beyond its original constitutional mandate, effectively converting itself into a people’s court. But after Indira Gandhi’s authoritarian rule during …

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