HomeIndia2022 saw fresh attack...

2022 saw fresh attack on collegium system; record appointments in HCs


NEW DELHI: Amid a renewed attack mounted by the government on the collegium system of appointing members to the higher judiciary, a “record” 138 judges were appointed to the various high courts this year.

Law Minister Kiren Rijiju, who has been questioning the collegium system, dubbed it as being “alien” to the Constitution.

He also said that the issue of vacancies and appointments in the higher judiciary would continue to linger till such time a new system is created for the same.

Seeking to overturn the collegium system, Parliament had passed – with near unanimity – the National Judicial Appointments Commission Act which was given constitutional status.

The government brought into force the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 on April 13, 2015.

However, both the Acts were challenged in the Supreme Court which eventually declared both the laws as unconstitutional and void on October 16, 2015.

After the judgment, the collegium system returned.

In a recent written reply in Parliament, Rijiju had said that “Representations from diverse sources on lack of transparency, objectivity and social diversity in the collegium system of appointment of judges to the constitutional courts (SC and the HCs) are received from time to time with the request to improve this system of appointment of judges.”

But at the same time, he has made it clear that there is no proposal at present to reintroduce a bill on National Judicial Appointments Commission (NJAC).

Amid a standoff between the government and the Supreme Court Collegium over the appointment of judges, a parliamentary panel had recently asked the Executive and the Judiciary to come up with an “out of box thinking” to deal with the “perennial problem” of vacancies in high courts.

The committee also said that it is ‘surprised” to note that the Supreme Court and the government have failed to reach at a consensus on revision of the Memorandum of Procedure for appointment of judges to the Supreme Court and the high courts, though the same is under consideration of both for “about seven years now”.

The committee expected the government and the judiciary to finalise the revised MoP, which is more efficient and transparent.

MoP is a set of documents which guide the appointment, elevation and transfer of Supreme Court and high court judges.

On November 25, the government asked the Supreme Court Collegium to reconsider 20 files related to appointment of high court judges.

The government had expressed “strong reservations” about the recommended names.

Out of the 20 cases, 11 were fresh cases and nine were reiterations made by the top court collegium.

Late last year, Parliament had cleared amendments to the Representation of the People Act.

In June this year, the government issued rules allowing linking of electoral roll data with Aadhaar on a voluntary basis, making electoral law gender neutral for service voters and enabling young citizens register as voters four times a year instead of the present one.

Now a citizen who turns 18 on the January 1 or April 1 or July 1 or October 1 in a calendar year can immediately apply for voter registration.

The four qualifying dates will considerably enhance the voter base.

Till recently, January 1 is the only cut-off date to register as a voter. Those turning 18 on or before January 1 can register as voters on day one of January. Those turning 18 after that have to wait for one whole year.

Seeking to make electoral law gender neutral, the word “wife” has been substituted with the word “spouse” making the statutes gender neutral which will allow the wife or husband of a service voter to avail the voting facility available.

Soldiers deployed in far-flung areas or members of Indian missions abroad are some of the people considered as service voters.

An army man’s wife is entitled to be enrolled as a service voter, but a woman army officer’s husband is not, according to provisions in the electoral law. But now it has changed.

The poll panel had asked the law ministry to replace the term wife’ with spouse’ in the provision in the Representation of the People Act related to service voters.

Also, retired Karnataka High Court chief justice Rituraj Awasthi, who had headed the bench which delivered the hijab verdict, took charge as the chairperson of the 22nd Law Commission.

The current law panel was constituted on February 21, 2020, but its chairperson and members were appointed in October, months before the end of the panel’s three-year term. (PTI)

Most Popular

LEAVE A REPLY

Please enter your comment!
Please enter your name here

More from Author

Study Narrows Down Long COVID Symptoms To Just 7

Long COVID, the medical mystery that continues to boggle the minds...

Depressed Young Adults Likely To Develop Heart Disease And Vice-Versa

Young adults or people in the 18-25 age group are at...

More Women Are Dying From ‘Preventable’ Cervical Cancer: Study

More older women have succumbed to cervical cancer in recent years,...

Read Now

Study Narrows Down Long COVID Symptoms To Just 7

Long COVID, the medical mystery that continues to boggle the minds of scientists and medical researchers, comes with an extensive list of symptoms. But a new study narrowed down the 47 reported symptoms to just seven. Published in the journal Open Forum Infectious Disease, the study by the...

Depressed Young Adults Likely To Develop Heart Disease And Vice-Versa

Young adults or people in the 18-25 age group are at risk of suffering two serious health issues: depression and heart disease. A new study found a “two-way street” relationship between depression and an increased risk of cardiovascular disease (CVD) in younger adults. According to the Johns Hopkins Medicine...

Obesity Found To Cause Alzheimer’s-Like Condition; Weight Loss Reduces Risk

Obese people are at risk of suffering a condition similar to Alzheimer’s disease. But this can be countered by healthy weight loss. A McGill University study published Tuesday in the Journal of Alzheimer’s Disease presented a correlation between obesity-associated neurodegeneration and Alzheimer’s. Using data from the Alzheimer’s Disease Neuroimaging...

More Women Are Dying From ‘Preventable’ Cervical Cancer: Study

More older women have succumbed to cervical cancer in recent years, even though the condition is  preventable. A new study from the University of California, Davis found a spike in older women suffering from late-stage cancer. And since they develop the disease at an older age, their chances...

Befitting response given to every ‘misadventure’ from LoC to LAC: President Murmu

NEW DELHI: President Droupadi Murmu on Tuesday said the government has been laying constant emphasis on modernising the military as it firmly believes...

NIA files chargesheet against IS operative for conspiring to recruit youth for terror activities in India

NEW DELHI: The National Investigation Agency (NIA) on Tuesday filed a chargesheet against an accused in a case related to a conspiracy hatched...

First-Of-Its-Kind $1 Glove Can Detect Fetal Positions To Aid Precarious Births

An ingenious innovation of a smart glove that costs less than $1 has been created with the aim to aid clinicians during birth. The study, published in the open-access journal Frontiers in Global Women’s Health, engineered the device to help healthcare staff in finding the fetal position and the...

Study Finds Threatened Sharks Being Served In Fish Fillets

The ultimate British dish--fish and chips--have takers all over the world. However, the fish served in the dish might actually be an endangered shark species.A recent study, published in the journal Food Control, found shocking samples of endangered shark species in several fish filets served at more...

Coffee With Milk Has Strong Anti-Inflammatory Effect: Study

An ardent proponent of the benefits of black coffee? You might have to change allegiance, as a new study has found coffee with milk has synergistic properties that increase its anti-inflammatory effect.The study, published in the Journal of Agricultural and Food Chemistry, found that the antioxidants from coffee combined...

All-Party Meet ahead of Budget Session held

STATE TIMES NEWS New Delhi: The government on...

This Is How Many Adult Americans Are Addicted To Junk Food

More older adults in the United States have become addicted to processed food, according to a recent University of Michigan poll. The school’s National Poll on Health Aging presented alarming findings in its January-February 2023 issue, saying that based on the latest data, 1 in 8 adults over...

Bengaluru colleges ban use of ChatGPT, the AI agent that writes assignments

At a time when the use of AI tools has grown exponentially, plagiarism is becoming an increasingly pressing issue for universities. RV University in Bengaluru has recently taken steps to curb the use of such tools, particularly ChatGPT, by banning it altogether. The move is supported by...