A major controversy has once again emerged regarding appointments in the Indian judiciary. The Supreme Court Bar Association (SCBA) has written to CJI B.R. Gavai and Law Minister Arjun Ram Meghwal, expressing its concern on this issue.
New Delhi: The controversy surrounding the appointment of judges in India's judiciary has intensified once again. The Supreme Court Bar Association (SCBA) has written to Chief Justice (CJI) B.R. Gavai and Law Minister Arjun Ram Meghwal, urging them to finalize the Memorandum of Procedure (MOP) for judicial appointments as soon as possible. The SCBA has highlighted the shortcomings of the existing collegium system and demanded a transparent, fair, and merit-based selection process.
SCBA Highlights Flaws in the Collegium System
SCBA President and Senior Advocate Vikas Singh wrote a letter to the CJI and Law Minister on September 12, outlining the structural deficiencies of the existing collegium system. The letter stated that delays and inconsistencies in appointments under the current system are undermining the impartiality of the judiciary and public trust.
The SCBA emphasized that to maintain the independence and credibility of the judiciary, it is paramount to first make the appointment process transparent and systematic.
Importance of the Memorandum of Procedure (MOP)
In its letter, the SCBA emphasized the immediate finalization of the Memorandum of Procedure (MOP). This memorandum will guide the transformation of the judicial appointment process into a clear, fair, and merit-based framework. The organization stated that if the judiciary is to be truly independent and impartial, it is imperative to make the judge appointment process effective, transparent, and time-bound. The implementation of the MOP will not only reduce delays in appointments but also provide due opportunities to talented lawyers and judges.
The Bar Association also mentioned in the letter that the current collegium system, initially established to ensure the independence of the judiciary, is now overwhelmed by its own burden. The SCBA alleged that many talented lawyers from the Supreme Court Bar are deliberately being denied the opportunity to become judges in their home state High Courts, despite these lawyers possessing extensive experience in national legal frameworks and judicial perspectives. According to the SCBA, this directly contradicts the fundamental principle of a merit-based selection system.
The organization stressed this issue, stating that selection based on merit and experience is the most reliable way to ensure the quality and independence of the judiciary.
