Transparency And Accountability In Judicial Appointments In India
P Veerakkumar, University of Madras
ABSTRACT
The independence of the judiciary is of paramount concern. This is because Parliament comprises around 800 members (543 in the Lok Sabha and 250 in the Rajya Sabha), and yet many constitutional amendments and laws are declared unconstitutional or upheld by narrow majorities such as 3:2 or 4:3. Therefore, the appointment of every single judge becomes critically important, as they wield power comparable in effect to that of hundreds of Members of Parliament. While Parliament expresses the will of the people in a democratic country, the decision of a single MP may not create a significant impact; comparatively, a single judicial decision can have far- reaching consequences. Prior to 1993, judges were appointed directly by the executive, which led to significant executive dominance over the judiciary. However, in Supreme Court Advocates-on-Record Association v. Union of India (1993) 4 SCC 441, the collegium system was established to ensure judicial primacy in appointments. Subsequently, the 99th Constitutional Amendment introduced the National Judicial Appointments Commission (NJAC), which included the Union Law Minister as a member, thereby raising concerns about renewed executive interference. In Supreme Court Advocates-on-Record Association v. Union of India (2015) 6 SCC 408, the Supreme Court declared the 99th Constitutional Amendment unconstitutional. This paper explores conducting UPSC-like examinations for judicial appointments, requiring candidates to meet specific eligibility criteria. It proposes reforms to ensure a more transparent and fair system, reducing nepotism and favouritism. However, such measures may still be subject to judicial review under Article 13(2), making reform complex.
Nevertheless, efforts must continue to strengthen judicial independence and transparency.
Keywords: Parliament, Judiciary, NJAC, 99th Constitutional Amendment, UPSC, Collegium, Judicial Review, Transparency, Accountability
