Why Modi government is against the "Collegium System" of appointing Supreme Court judges
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- Опубліковано 21 тра 2018
- Justice KM Joseph's appointment as Supreme Court judge by CJI Dipak Mishra and the seniormost judges has brought to the forefront BJP's crusade against the Collegium System. We see this news on the front pages of our newspapers regularly but very few are aware how judges are appointed and how important this is to the independence of the judiciary and the Constitution of India. Bisbo simplifies this very complex issue in a fun and interesting way and tops it up with a limerick at the end. Must watch!
Sources:
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Indian Express: Nov 15, 2016
Times of India; Dec 18, 2017; April 27, 30, 2018; May 5, 2018
Economic Times: May 9, 12, 2018
Wikipedia for list of sitting judges
Talk; Arun Shourie, Consultant Planning Commission, Minister of Communications and IT (1998-2004).
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Bisbo's Limerick:
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Don't forget to watch Bisbo's Limerick at the end of each video, that neatly sums up the topic.
Appointment of judges is an important skill
Takes years of training and doing the drill
Should politicians interfere
In things that are dear
That’s what may happen so they’ve killed the Bill
Follow Bisbo on Twitter:
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@BisboGo
The Vice President does have the authority to quash the motion in the initial stage itself. Please do correct this fact.
Lalith, if the required number of signatures are there in the motion, he has to forward it. He cannot quash it. Congress appealed to Supreme Court based on this illegality
Bisbo come-on, please research properly. I have a high opinion on your research and if you fail this simple test then I'm sorry i may have doubts on your research for videos you make. There's a SC judgement which clearly states that the motion can be terminated at the stage of Vice-president itself if he doesn't find merit in the motion after consultation with legal luminaries. And please go and check, most highly regarded legal luminaries of India had disapproved of CJI impeachment motion with Congressmen Salman Khurshid himself dissapproving it.
Lalith, can you please cite the case you mention. Thanks. Am pinning your comment
Bisbo Meher Singh Saini Case(2010) along with Sarojini Ramaswamy Case.
4 chu*** of Supreme कोठा
Father appoints son, brother appoints brother. That's collegium system for you.
That happens in Politics are you even eligible enough to hold an opinion of what it takes to hold a position as district judge?? 😂
They're are further elevated and reviewed based on there verdicts and astutes.
Not unlike Cabinet filled with 60 % Minister facing criminal charges.
@@ginujohn8404 most of these judges are from bar, not bench. That's my point precisely. N to be ADJ u have to first qualify the myriad categories of reservations even within gen merit depending in the state which u want to appear. N a general merit candidate from southern states can't even think of reaching the HC through the JMFC n promotion routes.
True
@@ginujohn8404 they all win election get votes so approval of people of India here that's not its not learn to understand.
They should be appointed by their eligibility.But legislative representative can raise questions if any but he/she can't execute the process.
It's a game of 40-50 families. Father son daughter,Uncle Nephew,etc Collegium is a family business
Collegium System works on favour system.
Also SC working as activist is not good this judicial overreach
Agreed
Why no activism
Judges should be appointed on merit.give judges points based upon there performance,cases solved etc,judge with most points gets ptomition.
From. All domain , we can't let low meritious llb graduates to decide finance, company , military, defence & medical. If llb graduates can decide all why not other intelectual.
Both should be rejected, Indian Judicial Service UPSC exam should be started like IAS IPS & promotion through appraisal, seniority & vigilance report
I agree sir 👍🏻
All India Judicial Service is the need of the hour, enough of this judicial activism & legislative intervention, let merit decide it's course
Then reservations comes
@@eicarshivaCollegium is like tatkal reservation
Judiciary must be completely revamped.
There are 5 cr pending cases in courts.
I believe, as we have seen Nepotism in our Nation from Politics, Bollywood, Business, Organisations, Sports etc., We should scrap Collegium System and opt the One where people from all part of society will come together.
Jay Siyaraam 🚩🙏
A cricketer does not judge other cricketers. It is all about winning the match. A scientist does not judge other scientists, it is about the repeatability of the experiment and the reliance of proper protocols. A peer reviewed approach has some merit, but it can quickly lead to a, I scratch your back, you scratch mine sort of situation. The system needs external validation, outside the control of the experts who work within the system. Judges need some external source of accountability. I think the government made the right move.
the second way is a lot better ...or else if we leave it to the judges .. we can't say anything ...maybe we will find entire family of CJI as members in SC
And judge should be unmarried.
It would be better if you present both side's of the arguements when you are covering an issue as serious as Judge's appointment rather than stamping you're view on viewer's. NJAC isn't perfect but so is collegium system. Judicial accountability should also be considered while also protecting judicial independence.
We have covered both sides of the issue and between the two options we believe that the existing collegium system, despite its faults of possible nepotism (shown in video) is better than NJAC
@@BisboWorld If Collegium system has its own fault then why stick to that?? Judicial accountability is a concern as so many allegations are coming out. In NJAC, the three eminent persons are selected by a panel of representatives including opposition. So NJAC clearly have an edge.
@@BisboWorld yes you are covering the both cases but at end saying a scientist decides a better scientist etc by mentioning that you are taking one side or making the viewers think your POV is what he was saying.
Who is judging judges for wrong & erroneous judgement , why different court, different bench gives different verdict . Why advocate charge 5 - 10 lacs. All is happening after collegium. The worst evil of our country is our judiciary, worst in world.
@@BisboWorld just to stop CBi Investigation in teachers scam in wb , stop Investigation in AP as ramana ji relatives siphoned the land, no action on CNN protesters , different ruling for nupur sharma. What knowledge do they have on raffle, covid , military just to give bizarre judgment. Chandrachud ji had no judiciary exam to be CJi. Worst judiciary in world & worst devil of our nation.
What must be done is have a clear system by which the judges are chosen .. number of decisions that are not over turned .. number of years of experience .. etc etc ... They should not be appointed by someone but rather they must be chosen based on certain fixed scorable indices
Nepotism is all-pervading evil prevailing in all systems. Even a Judge who is basically a human cannot be ruled out to be non-nepotistic. Instead, merit, integrity, honesty, clean and impartial persons should be appointed. Scoring model should be introduced under abovesaid parameters.
I'd rather belive in court than in government atleast they have an argument before give a statement
Not at all , courts are allowed to give judgements ex parte , they can quash the argument without giving logic to quash it , just see the recent cracker ban issue, court quashed research by IIT saying we don't need IITs to teach us , LoL judiciary is totally failed system in India, atleast government is accountable and can be reviewed in 5 years unlike judiciary no accountability in lifetime
They are most of the time uneducated and don’t have clear argument supporting them supports nepotism
Information on first judges case is wrong
-actually Supreme Court acted against its own interest
President was given overriding power in appointments
If judges appoint judges then what about nepotism and you must say judiciary implement better and transparent system for the appointment .
Appointing his son as BCCI Chief who don't have enough knowledge on cricket.
Amit Shah - There should be no nepotism.
We need 3 supreme court eachone for north india, south india and northeastern state respectively
Wtf
We need judges from different domain vide all India entrance exam to get qualitative judges.
But as u said there can b cases of nepotism to appoint his/her relative & if not there can also b corruption for d same.
I think d second option wherein law minister, CJI & two senior most judges gets d authority to take a decision is more reliable.
They are doing nepotism in judging judges,so Need new law
God save the justice.
Bisbo please make a video on Mumbai University exam scam plus the current education scenario in India 🙏
Yes we will make on current education status which will include Mumbai paper leak. But we will do next year before exam time
YES ITS VERY REQUIRED, THANKS FOR NEXT YEAR PLANNING.
Your videos are excellent
Thanks Venkatesh
Bisbo When will you upload on Syrian Crisis .You are uploading other stories but not on this one. Can't wait to see the video about Syrian Crisis
It’s in pipeline captain....
Amazing!!! Always fan of your work! You are a secret RTI activist :p
Lol Aradhya. Keep watching
The coin has both side. The move was to kill the nepotism and favouritism. So please don’t pass your opinion directly.
Its his choice to make his opinion brother . Take it easy
@@syedaleem9089 then its his choice to make that comment too.
Whether it's Collegium or NJAC appointing Judges, I think it's better if proceedings are recorded and made public after 5 or 10 years. (Some negative points about candidates might come out but I think this is better than otherwise)
Even defence or other security transcripts must be made public(except locations,perhaps names till asked by courts,etc) should be made public after like 20-25 years by when technology would mostly be outdated, but we'll get to know any corruption atleast then and will be a deterrence.
What if the Applicants for postings of SC judges write an exam and get evaluated by UPSC🤔
I think Government should not interupt in any way for appointment of sc judges . judiciary should be totally independent
That’s why our Supreme Court sucks
Awesome Bisbo!
Thanks Arghya. Was the topic understandable? Or did it go bouncer?
Bisbo It was obviously understandable mate! Just because I’m a constant supporter of your channel doesn’t mean I blindly appreciate it,your videos have that special feel,your videos have great potential to reach 100k!
Just asking one thing,remember I had asked you a few months back that do u have a script ready for the Syria-Iraq case and u told u have but why did u not upload it?
This topic was particularly difficult to animate so was wondering how it was received. Also we are working on Syria story now. Will upload in June
Thanks Bisbo
The political angle of reservations, state discrimination, regional balancing acts, favourable to Govt. etc. should be abandoned.
Agreed
I agree with you.. BISBO...
Implement the Constitution in the appointment of judges. Why no reservation for SC ,OBC in judiciary?
End Collegium, create Indian Judicial Service.
In Judicial appointments, only objective type questions should be there and no interview should be there.
To become a clerk, one has to appear in a written test, to become a Supreme Court Judge? No!
Nice explanation. Thanks
In America, president picks congress confirms. Would India consider such a system?
Interesting to see reactions from legal fraternity
Awesome
Thanks Kishor
I think NJAC has definitely an advantage regarding representation
The Eminent persons have been given Veto power which is the problem.
Really nice take Bisbo. Now please make a video on government trying to impeach medical field by dissolving MCI and forming NMC bill. The same thing stands true for medical field. How can politician decide medical laws. There is not equal representation of states
The only system working against politicians.
Bisbo you didn't mention that the eminent persons in the NJAC had Veto powers and it is the reason why SC said it was unconstitutional.
Politicians are representative of people hence collegium system must be demolished and politicians should have a say in appointments
When someone has a heart problem you go to the expert(doctor) to decide what to do... You don't go to ur family members to vote whether to do a surgery or live on medicines
Administration of justice at the District and Subordinate Court level needs a major overhaul but police reforms should go hand in hand, otherwise it is like trying to box with one hand tied behind.
You don’t understand the judiciary, so please keep providing insightful videos but don’t give your personal take on it.
Freedom of Press!
Government can make minimum eligibility criteria for all judges, and collegium should continue.
It's already there in constitution. Article 124
@5:12 it is only 2 eminent peraons nominated to NJAC not 3
Please just check the facts before finalising
By the way your efforts are great...
It's not indu sahani but Justice Indu Malhotra. Though this is surprising coming from a channel like bisbo get your facts right bisbo!
We should look into all other 198 countries for a solution we may found something ?? Better then previous system
So it's like how pope get chosen lol no one knows how it happens secret meeting behind doors 😂🤣😂
Recommendations will harm Merit people.
Bisbo the major drawback of the procedures u said in video is lack of transparency and accountability to common citizens and more over for a better future we should follow the motto of{ rules and laws are important but the reason behind them is more important } and the law makers must give a complete view of the benefitor and losser because of the law
8:10 start of his illogical opinion collegium system unknowingly promote nepotism and its lack of transparency and delay in appointment
They choose kerala cause at that time kerala didn't even had a single bjp candidate
This is such a shame...already we have less judges as a ratio to the billion people we got and on top of this, the already allocated positions are vacant and not filled to make matters worse....who is accountable to all this...such a shame...people are suffering...Gd job Bisbo
Not filled because the children of judge have to be judge
Thanks for this informative video...u folks are doing a great job!!!
Welcome Nirmal
NJAC is also not good. See,appointment of govt advocate in district court and high court by Govt. Written exam is fair process by providing opportunity to every counsel
Political party judging is not good but also judges judging is also not good , i would rather have judges because judiciary system should be independent of politics
Supreme Court is public servants moreover British colonial bureaucrats contrary to democracy because not ever remodeled since enshrined temporarily in Art 50.rejecting overhauling proposal of professor K.T.Shah member of the constitution drafting committee by Lordmounbettan Viceroy of interim Govt of independent India now MS.DROPADI Murmur President of India can direct competent authorities political parties and people alliance and their representatives to setup Azad Hind constitution committee to setup as their instruments like legislature executive and judiciary following thoughts and ideals of democracy to abolish colonialism from constitution essential basic structure of constitution not democratic standard and judicial structural accountability.
We should not let judges judge other judges
I THING 3RD PLAN IS REQUIRED.
whether politicians or judges appoint new judges, there a potential for nepotism, corruption, and favoritism. If this happens, we the people have the power to kick out bad politicians but not the judges. These judges are deciding the fate of we the people, so we should have the politicians appoint them who represent the people, are answerable to the people and can be fired by the people if they do not perform as expected.
It's 2022 and courts are now wokes
a committee of retired judges should recommend to the parliament candidates who should be elected through votes.
Army, corporate & temple are three pillars of civilization.
There is a system like collegium in every democratic country to protect independence of judiciary. Then why india would be different??
Nepotism is there so it's concerning
So when the govt will not then Supreme Court has to do it.
Because supreme court refuses to get saffronised
I don't think any appointment procedure should be do e by judges only. A right mix of judges, goverment ministers and opposition leader are the perfect way to appoint them. This way there won't be any bias
cant help if others tates ddont have qualified people
I don't think politicians should be involved in anything 😂😂😂😂
I don’t agree, with Bisho. “Only judges should judge a judge “. New mix system should be introduced.
Bisbo u r wrong
I agree with supreme Court
Tanishq, that’s what I said!
India is too complicated for me.
but SC shpuld not interfere in govts work and take decisions
Governmet is right
President of India MS Droupadi Murmur disincorporated British colonialism judiciary infrastructure temporarily incorporated in Art 50 in constitution by Lord mountbettan viceroy of interim Government of Independent India. Now supreme court is subject to recognition and control of preamble of constitution of India.
U r mine best information source 👏👏👐👐
Thanks Tathya
Judges must run for election for their position like in the USA.
we need AI ..we can do this in hours..
Well. If court can interfere all matters encompassing a citizen why can't it be the other way around too?? Court interfere in sports, medical, finance cases without itself being an 'expert'. NJAC comprise of Judges, so adding figures outside will enhance the selection process eliminating the possibility of favourism.
First read what is the qualifications of a judge
Then from where UU lalit come from as a chief justice
Mostly Supreme Court is doing the duty of the govt. because our elected politicians are busy in corruption in every state.Atleast there should be one to look after country.
LoL, blanket argument without logic , Judiciary can't do its own work to give justice and teaching elected representatives how to work, crores of cases pending in courts, but nobody can question them if u question them there will be contempt of court, if u want to see how much judiciary is corrupt i give u one example of my one friend, who was personal security guard of one judge for years build 3 crore bungalow, where as his salary is just 25/30 thousands, I expect you know what I mean by this
World's most corrupted!
There should be NJAC
Ask Hari Singh's father.
It was not a part of India.
English Not consider it but left for buffered.
Your railway now considerable.
DRDO.
BEFORE YOUR BIRTH .SCI. HOMI JAHANGIR.
dear government just because they are dalits does not mean they opressed and very talented even dalits can be average
SP Gupta vs UOI case, your interpretation is wrong, pls correct, its not binding on President
Collegium system should be abolished with immediate effect. Only government should have the right to appoint the judiciary. Collegium system promotes dynasty cult. Our country has seen the results of dynasty cult, in central government, for seven decades. Judiciary is subordinate to government and should not interfere with government policies.
Judges is the better
Make a story on Sahara matter
Yes that could form part of our NPA story
What DO YOU MEAN BY NPA STORY
Non Performing Assets. Companies who borrowed money from banks and can’t repay
Yeah..... Waiting for it!!!!!
But still there are NPA of around ₹ 200000 crore....... With indian banks
SC Should Be Independent.Govt Should Not Be Let To Select Judges
Not govt not by judges. And judge have to be single not married
Modi: bhai aur beheno ye bhi kangress ki galti hai
The background music is unpleasant and irrelevant.
Y christian judges we r in british rule
What the fuck bro???? I m indian christian.... I m fucking brown.. Hehehe
In most countries parliament choose judges nit SC itself
These judges chose thier pawns
A scientist can judge a scientist better.... But what about the nepotism prevailing in the appointment process... What does Bisbo have to say on that....?? Hey Bisbo, stop behaving like the CJI... Just report, don't decide
Right wing ideology should be appointed as judges only
1:45 2:19
that thinking of scientists judging themselves is really worst example. each profession has to work with others and has to manage things with outside world. there are experiments which might be scientifically great but environmentally or economically horrible? So according to your thinking those experiments should be approved as scientists judge scientists right? Symbiosis is the essence of life and governance works in similar aspects. Giving any body too much autonomy results in disaster.
Bisbo - content is great. Research is great.. but pleaseeeee change the narration - you are not reading a comic book to children. Its such a childish tone of narration. Also work on the climax Bisbo limerick - it should be more matured and less animated flying robot
Because Keralites are highly educated. In this profession, appeasement isn't required as it would lead to demise of Justice itself.
😂😂😂