The HINDU Analysis (7 January) | The Hindu Newspaper Today | Daily The Hindu Newspaper Analysis
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- Опубліковано 7 січ 2025
- The HINDU Analysis (7 January) | The Hindu Newspaper Today | Daily The Hindu Newspaper Analysis
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hello sir .. my opinion on the above two changes is that both changes have its own pros and cons ..
1st - introducing interviews before becoming HC judges .. is a potentially good step .. it can introduce the merit based evaluation .. and it can also addresss the concerns of favouritism and bias ..and can ensure a fair competition but on the other hand sir there is a chance of policisation if the appointment process is not conducted fairly and independently ..
2. excluding close relatives .. this step can curb nepotism and favouritism in judicial appointment enhacing public trust .. but sir this term close relative should be defined properly .. it might be the chance that this overly broad definition can exclude the most deserving candidate .. and sir in the nutshell.. focus should be on merit not on any lineage ,, excluding on closer ties might exclude some talented individuals...
Indeed agreed
Well sir I think that according to the first proposal as said that of the interview of the High court judges when it is a potentially good step which will enhance the fairness and the clarity in the judicial processes which will eventually led to decline of favoritism in the judiciary but we cannot ignore the fact that if the interviewer is a kin or relative of the candidate then there are still some chances of being biased and for which we should look upon the independence and the fairness of the committee being set up for taking the interview. Although it is a good step but still we have miles to go for actually reaching the apex of something which we called impartiality.
And as with the second proposal given to exclude the relatives of the judges in the supreme court sir , according to me this is a second class decision because if we analyse the history of supreme court for the last 70 yrs, there had been times in which the father was the judge and then the son became the CJI , but we just can't exclude the relatives of the judge for being just the relative. If we take example of Shri Yashwant chandrachud and Shri Dhananjay chandrachud who was also the 50th CJI, if we analyse his tenure then we will realise that he was really capable of becoming the chief justice of India. Also, this descrimination is against the spirit and basic principles of our constitution.
Sir, I think these recommendations are correct. Napotism in judiciary I have seen in some cases. And by close relatives an extra advantage some people's have . If there is a interview held then, better selection decision can be done . By these recommendations transparency and equality between individuals can be done by selectors . Fair decision should be taken.
Yes , In my opinion if implementing interview method is good becoz while transferring the name list to become HC & SC judge , the most of name related to the relatives of judges for ex. Father -son or any other relatives in family which shows a kind of nepotism.
The people who have experienced but don't have any legal background are unable to become judge becoz of collegium system as there is no source .
So , there must be a separate commision which should appoint judge on behalf of experience and capability rather than any source or network.
Jugde ka beta jugde nahi banega wahi banega jiske pass kabiliyat hogi ....
One recommendation for the collegium system in India is to enhance transparency and accountability in the appointment process of judges. This could involve the establishment of a publicly accessible database that provides information on the criteria used for selection, the profiles of shortlisted candidates, and the rationale behind appointments. By making this information available, it would help build public trust in the judiciary and ensure that the selection process is perceived as fair and merit-based. Additionally, regular evaluations of judges' performance could be implemented to foster a culture of accountability within the judiciary.
For 1st recommendation ,Yes in my opinion I believe that taking interviews is a good step , as it will open opportunities for the ones who truly deserve to be in that higher position and serve well . And about the 2nd recommendation , I personally don t agree with it because if we will eliminate the relatives of judge already, then on doing this we are infringing their right of Art.21 that states - freedom to engage in any lawful occupation or profession, and if that relative is a deserving one we might miss on them . If there is a fear of being biased with relatives then we can opt for a larger committee of judges and having great diversity among the committee judges which will I believe eliminate good chances of being biased.
I think 1st recommendation should not pass but 2nd should definitely be implemented because eventually it will check the presence of mind nd how to handle a situation u r not very familiar with..
sir , there must be middle way according to me some judges are directly appointed to supreme cort , or high court ,so if they want to appoint judge , they must fristly appoint them to district cort for min 5 years and then , thre must be grade give to the judges on there perfomence by chif justice of high cort then prmote to supreme cort and the supre court while appointing judge must show the transparancy to the people by showcasing the abality and grade of judges on there abality ...... like ,RIGHT TO INFORMATION ABOUT JUDGES .. AND HENCE THE JUDGES WHO ARE RELATIVE AND NON RELATIVE WILL HAVE SAME CHANCE TO GET IN SC
Good evening sir,
So according to me High Court judges should be interviewed to ensure merit-based selection, prevent favoritism, and uphold the judiciary's integrity. This ensures transparency and avoids nepotism in appointments, and for the second point It’s unfair to assume a candidate is undeserving due to their judiciary connections. Relatives of judges may still possess the merit and qualifications needed. Selection should focus on individual capabilities, not relationships, to ensure fair evaluation.
In my Pov first recommendation of interview of the candidates should be done but the second one seems unfair for the candidates so I think it shouldn't be done like that.
No , this recommendation should not pass instead of removing close relatives completely they should remove that judge from collegium during his relative interview
sir kya aap editorials ko thoda ache se explain kr skte hai daily plss, as per for clat aspirant
Gotcha! We’ll dive deeper into the editorials for you guys. Let’s make studying for CLAT a bit more interesting!
@LegalEdgeTutorials
Thank you sir and it's a humble request that plss anlyise all 4 editorials 🙏🏻🙏🏻
pls do smth for AILET too
You can refer to the Newspaper Analysis for AILET as well.
No ,this recommendation should not pass