Topic of the day:-“Collegium controversy”
An Unusual Change Of Decision Brings The Judicial Appointments System Under Scrutiny
The controversial collegium system of judicial appointments is under public scrutiny once again. This time, the potential for embarrassment to the superior judiciary is much higher. Former Chief Justices of India, a sitting Supreme Court judge, and the Bar Council of India have taken exception to the collegium’s unusual action of revisiting decisions made at an earlier meeting, and recommending the elevation to the apex court of Justice Dinesh Maheshwari and Justice Sanjiv Khanna, instead of two judges whose names had been considered earlier. Theallegation is not merely one concerning the seniority or the lack of it of the two appointees; rather, it is the much graver charge of arbitrarily revoking a decision made on December 12 last year. The official reasons are in the public domain in the form of a resolution on January 10. Itclaims that even though some decisions were made on December 12, “the required consultations could not be undertaken and completed” in view of the winter vacation. When the collegium met again on January 5/6, its composition had changed following the retirement of Justice Madan B. Lokur. It was then decided that it would be “appropriate” to have a fresh look at the matter, as well as the “additional material”. The only rationale for the names of Rajasthan High Court Chief Justice Pradeep Nandrajog and Delhi High Court Chief Justice Rajendra Menon being left out is the claim that new material had surfaced. However, it is not clear what the material is and how it affected their suitability.
Former Chief Justice of India R.M. Lodha is right in underscoring the institutional nature of decisions by the collegium. Can the retirement of one judge be a ground to withdraw a considered decision, even if some consultations were incomplete? There is little surprise in the disquiet in legal circles. Another curious element in the latest appointments is that Justice Maheshwari, who had been superseded as recently as last November, when a judge junior to him was appointed a Supreme Court judge, has been found to be “more suitable and deserving in all respects” than any of the other chief justices and judges. There is no objection to the elevation of Justice Khanna except his relative lack of seniority. There is little substance in this criticism, as it is now widely accepted that seniority cannot be the sole criterion for elevation to the Supreme Court. However, the fact that there are three other judges senior to him in the Delhi High Court itself — two of them serving elsewhere as chief justices — is bound to cause some misgivings. The credibility of the collegium system has once again been called into question. The recent practice of making public all resolutions of the collegium has brought in some transparency. Yet, the impression that it works in mysterious ways refuses to go away. This controversy ill-serves the judiciary as an institution.
MEANINGS AND WORDS
1) controversial
Meaning : giving rise or likely to give rise to controversy or public disagreement(adj).
Synonyms : disputed
Antonyms : certain
Example : “years of wrangling over a controversial bypass”
2) collegial
Meaning : relating to or involving shared responsibility, as among a group of colleagues.
Synonyms : coactive
Example : “judges cultivate a collegial atmosphere in instructing the jury”
3) scrutiny
Meaning : critical observation or examination(n).
Synonyms : inquiry
Antonyms : glance
Example : “every aspect of local government was placed under scrutiny“
4) embarrassment
Meaning : a feeling of self-consciousness, shame, or awkwardness(n).
Synonyms : confusion
Antonyms : order
Example : “I turned red with embarrassment”
5) allegation
Meaning : a claim or assertion that someone has done something illegal or wrong, typically one made without proof(n).
Synonyms : accusation
Antonyms : exculpation
Example : “he made allegations of corruption against the administration”
6) merely
Meaning : just; only(adv).
Synonyms : hardly
Antonyms : indefinitely
Example : “Gary, a silent boy, merely nodded”
7) concerning
Meaning : causing anxiety; worrying(adj).
Synonyms : regarding
Antonyms : unrelatable
Example : “I find many of the comments very concerning”
8) arbitrarily
Meaning : on the basis of random choice or personal whim, rather than any reason or system(adv).
Synonyms : forthwith
Antonyms : slowly
Example : “recurrent infection is arbitrarily defined as three or more infections a year”
9) revoking
Meaning : officially cancel (a decree, decision, or promise).
Synonyms : dismantle
Antonyms : allow
Example : “the men appealed and the sentence was revoked”
10) claims
Meaning : state or assert that something is the case, typically without providing evidence or proof.
Synonyms : demand
Antonyms : reply
Example : “the Prime Minister claimed that he was concerned about Third World debt”
11) composition
Meaning : the nature of something’s ingredients or constituents; the way in which a whole or mixture is made up(n).
Synonyms : content
Antonyms : imbalance
Example : “the social composition of villages”
12) surfaced
Meaning : having an outside part or upper layer, especially of a specified kind(adj).
Synonyms : appear
Antonyms : disappear
Example : “the upgrading of gravel roads to surfaced roads”
13) curious
Meaning : eager to know or learn something.
Synonyms : inquisitive
Antonyms : incurious
Example : “I began to be curious about the whereabouts of the bride and groom”
14) superseded
Meaning : take the place of (a person or thing previously in authority or use); supplant.
Synonyms : outmoded
Antonyms : modern
Example : “the older models of car have now been superseded”
15) deserving
Meaning : worthy of being treated in a particular way, typically of being given assistance(adj).
Synonyms : due
Antonyms : undeserving
Example : “the deserving poor”
16) elevation
Meaning : the action or fact of raising or being raised to a higher or more important level, state, or position(n).
Synonyms : altitude
Antonyms : flat
Example : “her sudden elevation to the cabinet”
17) impression
Meaning : an idea, feeling, or opinion about something or someone, especially one formed without conscious thought or on the basis of little evidence(n).
Synonyms : impact
Antonyms : cause
Example : “his first impressions of Manchester were very positive”
18) mysterious
Meaning : difficult or impossible to understand, explain, or identify.
Synonyms : baffling
Antonyms : apparent
Example : “his colleague had vanished in mysterious circumstances”
