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Uploading the collegium’s decisions

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October 07, 2017

Why in news?

Recently Supreme Court collegium has decided to upload its decisions on website.

What are the higlights of this move?

  • Decisions taken by SC including elevation, transfer and confirmation of judges will be uploaded.
  • The resolution is passed to ensure transparency and yet maintain confidentiality in the Collegium system.
  • The information posted online will also “indicate” reasons for the recommendation or rejection of a name for judicial appointment, transfer and elevation to High Courts and the Supreme Court.
  • As a start, the Supreme Court has posted online detailed reasons for judicial appointments to the Madras High Court and the Kerala High Court.

What is the reason behind this move?

  • The Collegium has been criticised for its opaque mode of functioning while recommending judicial appointments.
  • Many senior lawyers of the the Supreme Court Bar Association criticised the closed-door decisions of the Collegium.
  • The mode of functioning of the Collegium had seen criticism, even within the Collegium itself.
  • This paradigm shift is after the resignation of Karnataka High Court judge shortly after his transfer to the Allahabad High Court.

Way Forward

  • The proposal to upload the Collegium recommendations faced strong objections within the judicial community itself.
  • Posting such information online would cause judicial candidates, including senior advocates, sitting judges and judicial officers, acute embarrassment.
     

Source: The Hindu, Indian Express

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