Economist Sanjeev Sanyal, a proponent of bureaucratic reforms, has recently emphasized the need for modernizing the judiciary in India. Sanyal believes that if the judiciary is not modernized, it could become the biggest obstacle to the country’s economic, social, and national progress. He specifically calls for a change in the collegium system, which is responsible for appointing and transferring judges in the High Courts and the Supreme Court.
Sanyal expressed his concerns about the current justice system, referring to the delays and adjournments commonly seen in court proceedings. He criticized the system’s reliance on the “tareekh pe tareekh” (date after date) approach and called it a remnant of colonial times. He also highlighted the extended vacations taken by the High Courts and the Supreme Court during the summer and Dussehra, questioning the efficiency of such a system.
According to the Supreme Court’s calendar for 2024, the court’s summer vacation will begin on May 20 and continue until July 8. Additionally, there will be a six-day closure from October 7 to October 12 for Dussehra. The Supreme Court will also remain closed from December 25 to January 1, 2025, for Christmas and New Year.
Regarding the collegium system, Sanyal believes that improvements are necessary in the appointment of judges. He criticized the current system, where judges themselves decide who will be the next judge, resulting in a continuation of their preferred appointments. Sanyal emphasized the need for merit-based appointments and suggested that the system should not perpetuate a cycle of favoritism.
Sanyal shared his own experience as an advisor to Prime Minister Narendra Modi’s Economic Advisory Council, highlighting the importance of merit-based appointments. He argued against a system where positions are filled based on personal connections or nepotism, advocating for a new system that allows people from diverse backgrounds to contribute.
Sanyal also called for changes in the way judges are addressed in courtrooms, questioning the significance of terms like “milord” and “your lordships.” He believes that society needs to adopt new thinking and exert pressure for a more modern and inclusive judicial system.
The economist stressed the importance of public debate and involvement in shaping a new system. He expressed his belief that the government’s efforts alone would not be sufficient, emphasizing the need for a collective discussion in society. Sanyal warned that without modernization, the judiciary could hinder the country’s progress in economic, social, and national aspects.
The collegium system has faced criticism due to a lack of transparency in the appointment process. Chief Justice of India (CJI) DY Chandrachud defended the collegium system during an interview, stating that certain aspects of the candidates’ personal and professional lives cannot be made public. Chandrachud argued that considerations of privacy must be taken into account when selecting judges.
This is exactly what every one is feeling, though not having an opportunity to express. Cases are piling and piling in lacs for decades, for want of judges and time, as they are entertaining frivoulous cases which have no direct or indirect effect of Constitutional Rights. Thier daily time is wasted in petty cases, bail applications. In dealing cases judiciary hierarchy must be strict rules. A Constitution Amendment must be there as to this. By-pqssing of courts should be not be there. In several instances courts have become an hindrance of progress because of unnecessary interference in actions and decisions of Executive. Lot to write on courts functioning.
Milords want everyone else to be naked, whereas, they want to hide in a burqua