Monday, November 30, 2020
Home News Reports Only criteria for appointment of judges in Collegium system are casteism and nepotism: Allahabad...

Only criteria for appointment of judges in Collegium system are casteism and nepotism: Allahabad HC judge writes to PM Modi

Justice Pandey even raised questions over the competency of judges and said that in some cases judges lack the basic knowledge of the law.

In a letter addressed to Prime Minister Narendra Modi, Justice Rang Nath Pandey of Allahabad High Court’s Lucknow Bench has made some shocking allegations regarding the Collegium system for appointment of judges, as reported by Bar and Bench. Referring to his personal experience of 34 years in the judiciary, Justice Pandey alleged that the only criteria for the appointment of judges in the Collegium system are casteism and nepotism.

Justice Pandey says that he was writing the letter with a heavy heart but being a judge he felt that it was his duty to highlight the anomalies in the High Courts and the Supreme Court.

In his letter dated July 1, Justice Pandey said that the Indian Constitution declares India to be a democratic country but unfortunately the judiciary (High Courts and the Supreme Court) suffers from casteism and nepotism. He alleged that merely being a member of the family of a judge ensures one’s appointment as the next judge.

He compared the process of appointment of judges under the Collegium system with the appointment procedures in the legislature, the executive and the lower judiciary. He said that a political worker is evaluated by people during elections on the  basis of his work and similarly, and an administrative officer is appointed after he clears certain exams and even in lower judiciary judges are appointed after they pass certain exams but there is no clear criterion for the appointment of judges in the High Courts and the Supreme Court. The only prevalent yardstick is that of nepotism and casteism.

Justice Pandey even raised questions over the competency of judges and said that in some cases judges lack the basic knowledge of the law. He alleged that appointments under the Collegium system are made on the basis of favouritism. Consequently, how the judicial functions would be performed after incompetent judges are appointed is in itself a question worth contemplating, he wrote.

Justice Pandey further revealed that the decision regarding the appointment of judges is made in tea parties behind closed doors by the seniormost judges on the basis of favouritism. He alleged the utmost secrecy is maintained about the names of the judges to be appointed and the criteria of appointment. This secrecy around the procedure of appointment falsifies the principle of transparency. He alleged that the National Judicial Appointment Commission (NJAC) introduced by the last Modi government was struck down by the Supreme Court by declaring it as unconstitutional because the judges saw the Commission as an obstacle in the appointment of their family members as judges.

Remembering his humble beginnings and his hard work and determination, Justice Pandey concluded his letter by urging the Prime Minister to take strict and fair action to restore the dignity of the judiciary so that even a person with ordinary background could be appointed to the highest office of Chief Justice of India.

Immediately after coming to power for the first time, the Modi government had passed the 99th Amendment of the Constitution and National Judicial Appointments Commission bill in the parliament in August 2014, to set up the National Judicial Appointments Commission (NJAC). This was a proposed body which would have been responsible for the appointment and transfer of judges to the higher judiciary in India. But in October 2015 the bill was struck down by the Supreme Court of India declaring it unconstitutional.

In the month of May this year during the launch of his book, Justice Kurian Joseph had expressed regret for striking down the NJAC declaring it as violative of the Constitution.

  Support Us  

Whether NDTV or 'The Wire', they never have to worry about funds. In name of saving democracy, they get money from various sources. We need your support to fight them. Please contribute whatever you can afford

OpIndia Staffhttps://www.opindia.com
Staff reporter at OpIndia

Related Articles

Trending now

’Is that a water bottle?’: AAP candidate Asra Fatima’s poster for Hyderabad municipal elections has netizens in splits

In a true show of patriarchy, the women's identity of AAP candidate in GHMC polls is reduced to being a wife of party member.

Indian Idol contestant reveals how she faced opposition from conservative Muslim society as singing is ‘not allowed’

The Indian Idol contestant revealed how women in her society are looked down upon if they try to excel in any field.

As Punjab ‘farmers’ hold the national capital hostage, here is how the central govt was snubbed every time they tried to reach out

From Prime Minister's national radio address to Home Minister's appeal, the central government has made various attempts to speak to the agitating 'farmers' from Punjab.

With an information overdose on social media and deluge of OTT platforms, it is time to be digitally ‘Atmanirbhar’

Getting 'cancelled' or ostracized on social media may seem harmless, but as these technologies weave themselves tighter into our day to day lives, the impacts of such cancellations can be far-reaching.

His family called our children ‘illegitimate’ because I didn’t convert to Islam’: Late music composer Wajid Khan’s wife reveals

Wajid Khan's wife has stated to Times of India that the late music composer's family never accepted her wedding under the Special Marriages Act because she had refused to convert to Islam.

7 March 1990: When Khalistani Sikh extremists killed 22 Hindus and ruined dozens of families

Abohar is a town in Fazilka, Punjab, near the India-Pakistan border.

Recently Popular

Wife of late Wajid Khan writes on her sufferings in an inter-faith marriage, says anti-conversion law should be nationalised

Wife of late music composer Wajid Khan wrote how her husband and his family had been forcing her to convert to Islam after their marriage

Actor Deep Sandhu disappoints Barkha Dutt after she provides platform to ‘distance himself’ from OpIndia report that he supports Khalistan

Barkha Dutt lamented after actor Deep Sidhu refused to condemn Jarnail Singh Bhindranwale and to call him terrorist on her YouTube channel

Who is the man in farmer protest video, lying about ‘govt snatching farmland’: Profile of an actor and Khalistan supporter

Khalistan supporter Punjabi actor Deep Sidhu has been seen spreading the lie that govt will snatch farmer's land using the new farm laws

Indian man proposes to his Australian girlfriend during Ind vs Aus cricket match, here is what happened next

While India's performance has been below par, netizens found happiness in the unusual proposal that became the highlight of the match.

‘Will not say Jai Hind, will teach lesson to Modi like we taught Indira’: Khalistani protester in presence of AAP MLA Amanatullah Khan

Sikh protester threatens to teach Modi a lesson in the save way they taught Indira Gandhi in the presence of AAP MLA Amanatullah Khan

SFJ ads appear on YouTube offering $10m support for farmers, in return, wants Sikhs to join ‘Khalistan movement’: Details

Amid ongoing farmers’ protests in Punjab, Haryana, and Delhi, it is evident that Khalistani supporters have hijacked the protests and now, they are running ads on YouTube

’Is that a water bottle?’: AAP candidate Asra Fatima’s poster for Hyderabad municipal elections has netizens in splits

In a true show of patriarchy, the women's identity of AAP candidate in GHMC polls is reduced to being a wife of party member.

Singapore: Woman who was infected with Covid-19 during pregnancy gives birth to baby with Coronavirus antibodies

The Singaporean woman was infected with Coronavirus during first trimester of pregnancy, and her newborn child has antibodies

Indian Idol contestant reveals how she faced opposition from conservative Muslim society as singing is ‘not allowed’

The Indian Idol contestant revealed how women in her society are looked down upon if they try to excel in any field.

As Punjab ‘farmers’ hold the national capital hostage, here is how the central govt was snubbed every time they tried to reach out

From Prime Minister's national radio address to Home Minister's appeal, the central government has made various attempts to speak to the agitating 'farmers' from Punjab.

Kerala: 2 years after she lost her baby after CPI(M) leader kicked her stomach, Jyotsna Jose to contest panchayat elections on BJP ticket

Kerala will hold local body elections on December 8, 10 and 12. The results will be declared on December 16.

With an information overdose on social media and deluge of OTT platforms, it is time to be digitally ‘Atmanirbhar’

Getting 'cancelled' or ostracized on social media may seem harmless, but as these technologies weave themselves tighter into our day to day lives, the impacts of such cancellations can be far-reaching.

His family called our children ‘illegitimate’ because I didn’t convert to Islam’: Late music composer Wajid Khan’s wife reveals

Wajid Khan's wife has stated to Times of India that the late music composer's family never accepted her wedding under the Special Marriages Act because she had refused to convert to Islam.

7 March 1990: When Khalistani Sikh extremists killed 22 Hindus and ruined dozens of families

Abohar is a town in Fazilka, Punjab, near the India-Pakistan border.

Farmer thanks PM Modi for mentioning him during Mann Ki Baat, narrates how the passage of Farm Bills helped him

PM Modi's Mann Ki Baat speech came just as the issue has been raked up once again as ‘farmers’ from Punjab and Haryana have marched towards Delhi to protest against the farm bills.

Rebellion inside Rahul’s Congress grows, Anand Sharma defies party line, hails PM Modi for visit to Coronavirus vaccine hubs

A day after Congress criticised PM Modi's visit to Coronavirus vaccine hubs, senior Congress leader Anand Sharma has defied the party line

Connect with us

245,563FansLike
491,013FollowersFollow
20,200SubscribersSubscribe