Can Democracy Set Accountability of Collegium?

It refers to shocking news reports indicating that central government detected faults in 50 percent names out of 126 recommended for judgeship by High Court collegiums, which include serious aspects like nepotism, minimum income requirement, probity, competence. It is a matter of concern that collegiums do not follow set norms and parameters required, before making recommendations to central government.

Subhash Chandra Agrawal

Since there does not seem likely of some consensus on procedure of appointing judges, there shall be well publicised norms for collegiums of Supreme Court and High Courts to make recommendations for names of judges to ease burden of Union Ministry for Law and Justice for such big exercise of scrutinising individual cases of recommended norms. It will avoid unnecessary delay in appointment of judges because of central government sending back files for review. There should be accountability and responsibility fixed for members of court collegiums for recommending wrong names.

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