With the judiciary in the spotlight over a turn of events leading to the recovery of cash from a Judge’s house in the national capital, the need for judicial reforms and reinventing the collegium was raised in Parliament on Tuesday by Aam Aadmi Party MP Raghav Chadha.
Stressing on the need for collegium reform, Chadha said, “As far as the appointment of judges is concerned, the shortcomings of the collegium system have been revealed over time through Law Commission reports and statements from legal luminaries. Perhaps this is why the need for laws like NJAC arose.”
The collegium, composed of senior judges, has come under increasing scrutiny for its lack of transparency and accountability. Chadha advocated for a transformation of this system, urging it to reinvent itself. "The system of appointing judges needs to evolve," he said. "We must embrace transparency and meritocracy to ensure that only the most qualified individuals are entrusted with the responsibility of upholding the law."
He further proposed adopting a point-based system for judicial appointments, similar to the process for designating senior advocates.
Chadha highlighted how the Supreme Court of India has its own merit-based system by which it appoints advocates as senior advocates. In this process, points are given to advocates based on years of practice, pro bono cases, and reported judgments followed by an interview with a panel of Supreme Court judges. Chadha suggested that implementing a similar transparent, point-based system for judicial appointments would enhance public confidence in the process.
Chadha also raised concerns over the trend of appointing retired judges to administrative or executive positions in the government. He argued that such appointments create conflicts of interest, enable executive influence over judicial decisions, and undermine judicial independence.
Citing Article 148 of the Indian Constitution, which prevents the Comptroller and Auditor General (CAG) from taking up government positions post-retirement, Chadha proposed implementing a similar restriction for judges. He suggested that if a complete curb is not feasible, a mandatory two-year cooling-off period should be enforced, preventing retired judges from accepting government appointments for at least two years.