Supreme Court Justice Dipankar Datta defended the Collegium system against criticisms from the Union government.
He refuted the narrative of "judges appointing judges," calling it a myth propagated by vested interests.
Justice Datta criticized the government's "piecemeal approvals" and delays in acting on Supreme Court Collegium recommendations for judicial appointments and transfers.
His observations were part of a separate opinion in a split verdict concerning the legality of a 2023 law on the appointment of the Chief Election Commissioner and Election Commissioners.
Detailed Insights:
Justice Datta emphasized that the Collegium system involves a detailed consultative process, including the Executive and intelligence agencies.
He highlighted that every judicial appointment ultimately bears the imprimatur of the President of India.
The judge noted that the government's delays cause recommendations to "gather dust for years," impacting judicial functioning.
Justice Datta suggested that the Executive's arguments against the Collegium system are an attempt to deflect from its own failures and dereliction.
The remarks underscore the ongoing tension between the judiciary and the executive regarding the process of judicial appointments.
Key Concepts Involved:
Collegium System: A system in India where judges of the Supreme Court and High Courts are appointed and transferred by a body of senior judges.
Judicial Appointment: The process by which individuals are selected and formally appointed to serve as judges in the courts.
Executive: The branch of government responsible for implementing and enforcing laws, headed by the President and Prime Minister.
Chief Election Commissioner (CEC): The head of the Election Commission of India, responsible for conducting elections.