NEW DELHI: In a first since the inception of the Supreme Court collegium nearly three decades ago, the collegium convened outside Delhi to assess candidates for judgeship. Last weekend, in Visakhapatnam, the collegium evaluated the personality, competence, and suitability of candidates recommended by the Andhra Pradesh and Telangana high court collegiums for constitutional court positions.
A Landmark Step in Collegium History
The collegium system, established by two Supreme Court judgments in the 1990s, was designed to insulate the judiciary from executive influence. For the first time, the SC collegium, led by Chief Justice of India Sanjiv Khanna and comprising Justices B.R. Gavai and Surya Kant, held part of the judgeship selection process outside Delhi.
This unprecedented move also coincided with a retreat attended by over 20 of the 32 Supreme Court judges and their families in Visakhapatnam, a bustling coastal city in Andhra Pradesh. The collegium opted to meet the candidates locally to save them the time and expense of traveling to Delhi.
Assessment Process and Novelty
The collegium conducted personal interviews with three candidates from Andhra Pradesh and five from Telangana at the retreat hotel. This followed the collegium’s recent introduction of direct interactions on December 22, when candidates for judgeships in the Allahabad, Bombay, and Rajasthan high courts were similarly assessed.
Previously, the collegium relied on detailed biodata, intelligence reports on candidates’ backgrounds, and opinions from governors and chief ministers. However, personal interactions are now helping the collegium evaluate candidates’ demeanor, personality, and overall suitability more effectively.
Addressing Nepotism in Judgeship Appointments
The collegium is deliberating on two significant proposals to address the influence of familial ties—often referred to as the ‘father-uncle judge’ phenomenon—in the selection of high court judges.
- Radical Proposal: This approach suggests halting the selection of lawyers who are children of sitting or former judges for high court positions.
- While welcomed by many lawyers, some critics argue that barring competent candidates solely based on their lineage is discriminatory.
- Middle Ground: The second proposal recommends setting higher assessment benchmarks for candidates related to sitting or former judges, ensuring fairness for first-generation lawyers.
A Progressive Shift
This move by the SC collegium marks a step towards greater transparency and inclusivity in judicial appointments while addressing long-standing concerns about nepotism. By introducing personal evaluations and exploring reforms, the collegium aims to enhance the judiciary’s credibility and ensure a merit-based selection process.
