Judicial Appointment : Transparency introduced

Context:
  • Appointment of judges
In news:
  • SC’s move to ensure transparency
  • According to the SC’s decisions, recommendations on judicial appointments, elevations and transfers will be posted on the court website
  • As a start, the Supreme Court has posted online detailed reasons for its October 3, 2017 recommendations for judicial appointments to the Madras HC and the Kerala HC
  • Details are now available online under the tag “Collegium Resolutions”
Transparency:
  • The information posted online will “indicate” reasons for the recommendation or rejection of a name for judicial appointment, transfer and elevation to HCs and the SC
Background
  • Collegium system was being criticised for its opaque mode of functioning while recommending judicial appointments
  • Recently, a controversy came after the public uproar over the resignation of Karnataka HC judge shortly after his transfer to the Allahabad HC
  • The mode of functioning of the Collegium had seen criticism, for the first time, from within the Collegium itself in the form of Justice Chelameswar
Judges opinion:
  • Proposal to upload the Collegium recommendations indicating reasons had to face strong objections from within the judicial community itself
  • One of the objections include that posting such information online would cause judicial candidates acute embarrassment and loss of face in case of rejection of their names by the Collegium
Source:

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