Judiciary in a spot

A year after the nation witnessed an unprecedented press conference by four top judges of the Supreme Court, the judiciary is in the eye of a storm again. The elevation of Delhi High Court judge Sanjiv Khanna and Karnataka High Court Chief Justice Dinesh Maheshwari to the Supreme Court, as recommended by the apex court’s collegium, has raised many eyebrows. Justice Khanna stands at No. 33 on the combined seniority list of High Court judges on an all-India basis, while Justice Maheshwari is at No. 21.

The five-member collegium, headed by Chief Justice of India (CJI) Ranjan Gogoi, revoked its earlier decision, wherein the names of the Chief Justices of the High Courts of Rajasthan and Delhi had been recommended for elevation to the Supreme Court. No satisfactory explanation was given for the flip-flop. Ironically, Justice Gogoi was among the quartet that had gone public against then CJI Dipak Misra on January 12, 2018, over alleged anomalies in the allocation of cases and other issues plaguing the top judiciary. However, opinion is divided over the impact of the historic presser. According to former CJI RM Lodha, it has failed to serve its purpose as things have not changed on the ground.

The blatant supersession of senior judges has sparked an outrage, drawing flak from the Bar Council of India, a sitting SC judge (Justice Sanjay Kishan Kaul) and some retired judges. The fresh controversy has again shaken people’s faith in a vital pillar of democracy. The prevailing state of affairs would further enfeeble the justice delivery system, which is already reeling under high pendency of cases. Not for the first time, the functioning of the collegium has come under a cloud. Reforms are the need of the hour to restore the collegium’s credibility and relevance. The process of selection and appointment of judges should be reviewed thoroughly, besides putting in place a self-corrective mechanism for the judiciary. Such steps can go a long way in helping the court reign supreme.