CHENNAI: A lack of transparency and diversity in judicial appointments was discussed at a colloquium hosted by the Asian College of Journalism on Saturday. Speakers emphasised the need for inclusivity and transparency in the appointment of judges to the high courts as well as the Supreme Court.
Former judges and senior advocates discussed growing executive influence over judicial appointments, flaws in the collegium system, lack of diversity in the higher judiciary and inadequate accountability, calling for reforms.
Speaking at the event, former Orissa High Court chief justice S Muralidhar cited instances of the government clearing judicial appointments within a day of recommendations, raising questions about possible prior clearance by the executive. He criticised the collegium for not publicly challenging the government when its recommendations were overlooked and said executive interference in judicial appointments had intensified since 2014.
Former Madras High Court judge Justice K Chandru criticised the collegium’s lack of transparency. He alleged the central government had found ways to secure favourable appointments through the collegium system rather than revive the National Judicial Appointments Commission (NJAC), which was struck down by the Supreme Court in 2015.
The discussion also raised concerns over the appointment of a Madras High Court judge despite objections to the judge’s past speeches, while the recommendation for the appointment of another judge was not considered by the central government because of his comments against the PM.
Senior advocate Raju Ramachandran, examining why impeachment proceedings against judges fail, highlighted how political reluctance and procedural delays had undermined judicial accountability. He called for reforms, including a judicial disciplinary commission with wider representation, to ensure allegations of misconduct were examined properly.
Senior advocate R Vaigai highlighted the lack of diversity in higher judicial appointments. Justice K Kannan stressed judging required more than legal knowledge. Judges must listen to litigants, question their assumptions and understand the social realities underlying disputes, he said.
Senior advocate Kaleeswaram Raj argued judicial accountability and independence are complementary, rejecting claims that accountability measures would undermine judicial independence. A transparent appointment system, coupled with public and media scrutiny, is essential to strengthen the judiciary, he added.