The judiciary serves as a critical pillar of democracy, fulfilling a vital role in safeguarding citizens’ rights and maintaining the rule of law. In India, the judiciary has a rich history of delivering landmark verdicts that have set legal precedents and brought about significant societal changes. However, recent controversies have plagued the Indian judiciary, calling into question its effectiveness and autonomy.
One of the primary issues is the selection of judges via the collegium system, which grants a group of senior judges the power to recommend candidates for appointment to the higher judiciary. While intended to preserve the judiciary’s independence, the system has been criticized for its lack of transparency and accountability.
Furthermore, the roaster controversy has further exacerbated the situation. In January 2018, four senior Supreme Court judges held a press conference to voice their concern over the Chief Justice’s case allocation. They alleged that significant cases were being delegated to junior judges and that the Chief Justice was not adhering to established conventions. This controversy called the judiciary’s integrity and independence into question.
Differences of opinion between the Chief Justice and senior Supreme Court judges have also caused concern. Such disagreements have led to public confrontations and raised queries regarding the unity and coherence of the judiciary. Additionally, they have highlighted the potential for political interference in the judiciary’s functioning.
Despite these challenges, the Indian judiciary has played a crucial role in protecting citizens’ rights and promoting justice. Judicial activism has served as a critical tool in safeguarding the rights of marginalized communities and advancing social justice. Furthermore, the judiciary has delivered landmark verdicts that have had a significant impact on society, such as the Vishaka case, which recognized sexual harassment in the workplace.
The Indian judiciary plays a pivotal role in upholding the rule of law and safeguarding citizens’ rights. However, it is facing significant challenges that must be addressed to maintain its autonomy and integrity. The collegium system, the roaster controversy, and the differences of opinion between the Chief Justice and senior Supreme Court judges are issues that must be resolved to enhance the judiciary’s functioning. Only by ensuring the judiciary adheres to its constitutional mandate can it continue to serve as a protector of citizens’ rights and maintain the rule of law.
Essay on Judiciary and it’s working in 100 words
The judiciary plays a critical role in upholding the rule of law and protecting the fundamental rights of citizens. In India, judicial activism has played a vital role in strengthening democracy by expanding the scope of rights and holding governments accountable. However, there are challenges in the selection of judges through the collegium system, leading to accusations of lack of transparency and favoritism. The roaster controversy highlighted the need for clear guidelines in the allocation of cases to judges. Differences of opinion between the Chief Justice and senior judges have also raised questions about the functioning of the judiciary. These issues must be addressed to maintain the integrity and independence of the judiciary.
Essay on Judiciary and it’s working in 200 words
The Judiciary is one of the pillars of democracy and plays a crucial role in upholding the rule of law. Its primary function is to interpret the constitution and ensure that the executive and legislative branches of government are acting within the framework of the law. However, over the years, the Indian Judiciary has been embroiled in various controversies.
One of the most significant controversies has been the issue of judicial activism. While some argue that judicial activism is necessary to protect the rights of citizens and ensure that the government is accountable, others believe that it undermines the principles of democracy by encroaching upon the powers of the executive and legislative branches of government.
Another contentious issue is the selection of judges through the collegium system. Critics argue that the system lacks transparency and accountability, and there have been allegations of nepotism and favoritism in the appointment of judges. However, defenders of the collegium system point out that it is a necessary safeguard against political interference in the judiciary.
The roaster controversy is another issue that has raised questions about the independence of the judiciary. The controversy arose when the Chief Justice of India, Dipak Misra, allocated cases to benches that were seen as favorable to the government. This led to protests by senior Supreme Court judges, who accused the Chief Justice of undermining the independence of the judiciary.
The Indian Judiciary has a vital role to play in upholding the rule of law and protecting the rights of citizens. However, it is crucial to address the various controversies that have arisen over the years to ensure that the judiciary remains independent and accountable. The collegium system needs to be reformed to increase transparency and accountability, and the judiciary must be insulated from political interference to maintain its independence.
Essay on Judiciary and it’s working in 500 words
The judiciary is one of the three pillars of democracy and plays a crucial role in upholding the rule of law and protecting the fundamental rights of citizens. The Indian judiciary is considered one of the most powerful judiciaries in the world, with the power to strike down laws and actions of the executive and legislative branches of government.
Judicial Activism and Indian Democracy:
Judicial activism is the tendency of the judiciary to take an active role in shaping public policy and enforcing fundamental rights. In India, judicial activism has played a crucial role in protecting the rights of marginalized communities and ensuring accountability of the government. The landmark judgments of the Indian judiciary, such as the Kesavananda Bharati case, Maneka Gandhi case, and the recent Navtej Singh Johar case, have expanded the scope of fundamental rights and strengthened the democratic fabric of the country.
However, critics of judicial activism argue that it encroaches upon the domain of the executive and legislative branches of government and undermines the principle of separation of powers. They also argue that judicial activism can lead to judicial overreach and judicial tyranny.
Selection of Judges through the Collegium System:
The selection of judges to the higher judiciary is a contentious issue in India. The collegium system, which is a group of senior judges of the Supreme Court and High Courts, is responsible for the selection and appointment of judges to the higher judiciary. However, the collegium system has come under criticism for lacking transparency and accountability.
Critics of the collegium system argue that it undermines the principle of separation of powers and gives too much power to the judiciary in the appointment of judges. They also argue that the system is prone to favoritism and can lead to the appointment of judges who may not be suitable for the position.
Roaster Controversy:
In 2018, the allocation of cases in the Supreme Court came under controversy when four senior judges held a press conference and raised concerns about the allocation of cases by the then Chief Justice. The judges alleged that the Chief Justice was allocating cases to benches that were not in line with established conventions.
The controversy highlighted the need for transparency in the functioning of the judiciary and the importance of following established conventions and norms. It also raised concerns about the independence of the judiciary and the need to uphold the integrity and impartiality of the judiciary.
Difference of Opinions between the Chief Justice and the Senior Supreme Court Judges:
The difference of opinions between the Chief Justice and the senior Supreme Court judges has been a recurring issue in the Indian judiciary. The differences can arise due to differences in legal interpretation, personal biases, or institutional concerns.
While differences of opinion are a natural part of any democratic system, it is important to ensure that they do not undermine the functioning of the judiciary or erode public trust in the institution. It is important for the judiciary to maintain its independence and integrity and uphold the rule of law.
The judiciary plays a crucial role in upholding the rule of law and protecting the fundamental rights of citizens. While judicial activism has played a crucial role in strengthening Indian democracy, it is important to ensure that it does not undermine the principle of separation of powers. The selection of judges, allocation of cases, and differences of opinion are all issues that need to be addressed to uphold the integrity and impartiality of the judiciary. The Indian judiciary needs to maintain its independence and integrity to uphold the rule of law and protect the fundamental rights of citizens.
Essay on Judiciary and it’s working in 1000 words
The judiciary is one of the three branches of government in India, responsible for interpreting the Constitution, laws, and regulations. The Indian judiciary plays an important role in the democratic system and has been the protector of the rights of the people. However, in recent times, the Indian judiciary has been mired in controversy due to issues such as the selection of judges through the collegium system, the roaster controversy, and the differences of opinion between the Chief Justice and senior supreme court judges.
Judicial Activism and Indian Democracy
Judicial activism refers to the proactive role played by the judiciary in enforcing the rights and interests of the people, even in cases where the legislature and executive have failed to act. In India, judicial activism has played an important role in protecting the rights of citizens, promoting social justice, and ensuring accountability of the government. The Indian judiciary has been involved in many landmark cases, such as the Kesavananda Bharati case, which established the basic structure doctrine, and the Vishaka case, which recognized sexual harassment in the workplace.
However, there have been criticisms of judicial activism as well. Some argue that the judiciary is overstepping its constitutional limits and taking over the functions of the other branches of government. Others argue that the judiciary is often biased and influenced by political considerations.
Despite these criticisms, judicial activism has played a crucial role in strengthening Indian democracy by ensuring that the government remains accountable and responsive to the needs of the people.
Selection of Judges through the Collegium System
The collegium system is a method of appointing judges to the higher judiciary in India. Under this system, a group of senior judges makes recommendations for the appointment of judges to the higher judiciary. The collegium system was introduced in 1993 by the Supreme Court in the Second Judges case, which held that the power to appoint judges lay with the judiciary, rather than the executive.
The collegium system has been the subject of much controversy in recent times. Critics argue that the system lacks transparency and accountability, and that it is prone to favoritism and nepotism. Others argue that the system is undermining the independence of the judiciary by giving too much power to a small group of judges.
The government has attempted to replace the collegium system with a National Judicial Appointments Commission (NJAC), which would give the executive a greater role in the appointment of judges. However, this move was struck down by the Supreme Court in the Fourth Judges case, which upheld the collegium system.
Roaster Controversy
The roaster controversy refers to the allocation of cases to judges in the Supreme Court. In January 2018, a press conference was held by four senior judges of the Supreme Court, who raised concerns about the allocation of cases by the Chief Justice. The judges alleged that important cases were being assigned to junior judges, and that the Chief Justice was not following established conventions in the allocation of cases.
The roaster controversy was seen as a serious blow to the independence and integrity of the judiciary. It raised concerns about the politicization of the judiciary, and the lack of transparency in the allocation of cases. The controversy also highlighted the need for clear rules and procedures for the allocation of cases, and for greater accountability of the judiciary.
Difference of Opinions between Chief Justice and Senior Supreme Court Judges
There have been several instances of differences of opinion between the Chief Justice and senior judges of the Supreme Court. In 2017, the Supreme Court was embroiled in a controversy over the appointment of judges to the High Courts. The Chief Justice refused to accept the recommendations of the collegium, and instead suggested alternative candidates. This led to a public spat between the Chief Justice and the senior judges of the Supreme Court.
Such differences of opinion raise concerns about the unity and coherence of the judiciary. They also raise concerns about the independence of the judiciary, and the potential for political interference in the functioning of the judiciary.
Conclusion
The Indian judiciary plays a crucial role in upholding the rule of law and protecting the rights of citizens. However, the judiciary has been mired in controversy in recent times due to issues such as the selection of judges through the collegium system, the roaster controversy, and the differences of opinion between the Chief Justice and senior supreme court judges. These controversies highlight the need for greater transparency, accountability, and independence in the functioning of the judiciary. They also underscore the importance of ensuring that the judiciary remains true to its constitutional mandate of upholding the rights of citizens and promoting the cause of justice.
