SC Judge Defends Collegium System, Hits Back At Centre, Pg12

Key Highlights:

• 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.