New Delhi, April 1, 2025
Raising concerns over recent incidents in the judiciary, MP Raghav Chadha today questioned the government in Rajya Sabha, highlighting the urgent need for judicial reforms. In his address, he emphasized that the people of India regard the judiciary as a temple of justice, believing that when they seek justice, they will receive it. He stated, "Just as it is said that there may be delays in divine justice but never injustice, the same belief exists for our judiciary – that while justice may take time, injustice will not prevail."
He acknowledged that the judiciary has historically strengthened public trust, but recent events have raised concerns that must be addressed through reforms.
MP Chadha argued that just as reforms have taken place in elections, policing, education, and healthcare, similar improvements are essential in the judiciary. He asserted, "Reforms should aim to strengthen the judiciary, not weaken it."
In this context, he raised two key issues: the process of appointing judges and the practice of appointing retired judges to government positions.
Transparency in Judicial Appointments
MP Chadha pointed out the long-standing criticisms of the collegium system, which have been highlighted by multiple Law Commission reports and legal experts. He recalled the earlier push for the National Judicial Appointments Commission (NJAC) and stressed that it is now time for the collegium system to undergo self-reform and restructuring.
"The collegium system has been criticized for its lack of transparency and public oversight. To address these shortcomings, an independent and transparent selection process should be established, ensuring that judicial appointments are based on seniority, merit, and integrity," he stated.
He further proposed adopting a point-based system for judicial appointments, similar to the process for designating senior advocates. The Supreme Court introduced a structured, merit-based evaluation for appointing senior advocates, assigning points based on years of practice, pro bono cases, and reported judgments. Chadha suggested that implementing a similar transparent, point-based system for judicial appointments would enhance public confidence in the process.
Suggested Introducing of mandatory cooling off period for judges opting post-retirement government appointments
Chadha also raised concerns over the trend of appointing retired judges to administrative or executive positions in the government. He argued that such appointments create conflicts of interest, enable executive influence over judicial decisions, and undermine judicial independence.
Citing Article 148 of the Indian Constitution, which prevents the Comptroller and Auditor General (CAG) from taking up government positions post-retirement, Chadha proposed implementing a similar restriction for judges. He suggested that if a complete curb is not feasible, a mandatory two-year cooling-off period should be enforced, preventing retired judges from accepting government appointments for at least two years.
He concluded by stating that if these reforms are implemented, they would mark a historic milestone in India's judicial system. "The people of this country view courts as temples of justice and judges as embodiments of fairness. Implementing these reforms will further deepen public trust in the judiciary," he said.