THE judicial appointments process in India has recently come in for some scathing criticism from Union Law Minister Kiren Rijiju and others in government. The gov ernment thinks the Indian Supreme Court's collegium system is opaque and not fair. The allegations seem to overlook the obvious fact that the government itself has remained opaque on its reservations, and when the top court makes public observations on candidates as made by government investigative agencies, all hell breaks loose.
The issue is also about the separation of powers that the makers of the Constitution had so carefully arranged, so that the executive cannot exert undue influence on the judicial system. And then, there is the issue of the basic structure of the Constitution.
In the end, possibly, the Constitution itself might be up for partisan scrutiny, leaving pretty much nothing sacred, nothing autonomous, nothing beyond the whims of an elected government.
POSITION IN THE WORLD
What has happened within this toxic atmosphere is that the Indian justice system's position in the world has dipped badly. The World Justice Project's original research and data, grounded in the World Justice Project Rule of Law Index, measures how the rule of law is experienced and perceived worldwide based on household and expert surveys in 140 countries and jurisdictions. Views of policy makers, civil society organizations, academics, the media, citizens, businesses and legal professionals and others are taken into consideration.
In the Overall Index score, No.1 is Denmark, while India is at No. 77. Within this overall index, when Constraints on Government Powers is considered, Denmark is again at No. 1, while India is at 52. Even in the field of the protection of Fundamental Rights, India is a low 94, with even Brazil, Niger, Mexico and Malaysia ahead.
THE REST OF THE WORLD
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Sign In
This story is from the {{IssueName}} edition of {{MagazineName}}.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Sign In
PIL, Difficult To Swallow?
In a recent ruling, the Bombay High Court lamented the increasing number of frivolous public interest litigations being filed in courts and echoed the sentiments of the Supreme Court that such litigations are the bane of the judicial system. Is there any way to restrict their misuse?
Till Infertility Do Us Part...
The Calcutta High Court slammed a husband for initiating divorce proceedings due to his wife's infertility and asked him to be a pillar of support for her. Courts have often taken an empathetic view in such matters
IS THAT LEGAL?
Ignorance of law is no excuse. Here are answers to frequently asked queries regarding matters that affect us on a day-to-day basis
The Big Lie
In America, The Big Lie is an idiom used by Donald Trump's opponents and the media to describe his constant gripe about election fraud. Now, it seems more suited to another Republican, Congressman George Santos (right), who has been facing growing calls to resign after he admitted fabricating parts of his resume and biography since his election in New York last year.
Flying into the Sunset
Over 50 years since the first and original jumbo jet, the Boeing 747, took to the skies and revolutionized air travel, the last of the legendary aircraft (right) was delivered to a freight charter company, bringing down the curtain on one of aviation's most successful products.
Star Crossed
Actor and producer Alec Baldwin is a Hollywood legend, having starred in a range of movies, award winning TV sitcoms, and theatre. He was most recently seen in Mission Impossible Fallout, which is an apt description of his current situation.
Walkouts in the UK
An estimated half a million workers have gone on strike, shutting down thousands of schools, public transport and border disruption. It is the biggest day of industrial action for more than a decade.
Myanmar's Misery
Two years after the military coup ousted the elected government led by Aung San Suu Kyi, the brutal crackdown by the junta on so-called \"insurgents\" and civilian protesters has reached a new level with the use of air strikes, a new and deadly tactic in the ongoing civil war.
AMERICA'S ANGST
From messy, divisive politics to a series of mass shootings, and now black officers brutally beating another black man to death as seen in bodycam videos, America's domestic convulsions are cause for serious introspection
JUSTICE LEAGUE
There are few judicial appointment procedures in the world that are completely bereft of the overarching presence of either the executive or the legislature, or both. In the end, the judge is left with all the powers vested in him/her by the constitution to uphold the rule of law, within an atmosphere of external influences
