The public overwhelmingly expresses dissatisfaction with the judicial appointment system in India, particularly criticizing the collegium system for its perceived nepotism and lack of transparency. There is a strong desire for reforms to enhance accountability and ensure a merit-based selection process, with many advocating for the establishment of a National Judicial Appointments Commission (NJAC) as a solution. The ongoing concerns highlight a significant distrust in the judiciary, reflecting fears of corruption and familial connections influencing critical judicial roles.

Indian Government

Supreme Court

Collegium System

Judges need only privileged families to become judges/lawyers. Clat exam fees is 5000 ₹. Once you get the taste of what it's like to be a judge and its privileges, you push your children towards this profession too. Judges are one of the most edgy character you can find in a court. There's literally no one to question you cause sabki fat ti hai aapse.

SlySpyNebula

Won't change, India's ruled by nepotism : Politics, Business, Law, Education.

Hard to break it down unless everything is reduced to Performance reports  , else you just need to pull your family contracts.

Jeetard15072003

Part of it is why engineer families produce engineers, doctor families produce doctors. They have the connections, and know the route to take. Maybe there is some nepotism too. And of course, political connections, for example, one of the judges in Nupur's case in the SC is an ex Congress MLA.

xdesi

&gt;Why are the judges not appointed by the elected representatives

That would be another shitshow

Gray_Jedi_1

The current Govt did try to rectify this by establishing National Judicial Appointment Commission in 2014. However the SC declared this as unconstitutional and upheld the collegium system.

[deleted]

One big problem is that while we did accept the English aspect of the English Common Law, we did not accept the 'Common' aspect of English Common Law!

As a result, every judge is free to interpret the law as per their understanding and the decision in one state high court is not binding on another state high court! So while one state may say child marriage is allowed in certain religions, another state will say it is not allowed at all. 

I think we did the exact opposite here, while we should have adopted the Common aspect, we adopted the English aspect.

m0h1tkumaar

Judges appointment is very closed process with less transparency.In India judges appoint themselves and they don't let executive or parliament to interfere in their business.Nepotism in judiciary is very less debated subjected due to fear of contempt of court or respecting independence.Thats why we can see judges from particular family/caste are appointed frquently

because mulana mudi even after 303 seats is incapable of simple farm reforms....let alone judicial reforms....?

ghanta-congress

India is not democracy its just elected dictatorship of powerful people

OrdinaryNet2175

Its very clear. In India we have a dumb system where "JUDGES APPOINT JUDGES", central government has almost zero say in it. But this system was not there from the starting. Judiciary bullied its way to get this new system. It all started because another stupid dictator of a PM Indira Gandhi was changing and appointing judges left right and centre at her whims and fancies. So much so that she superceded her favorite junior judges over their seniors to make her favorite judge as the Chief Justice of India. Hence after emergency was over, the Judiciary over a sysytematic jurisprudence devised over three different SC cases called the "The Three Judges Case", usurped the power of appointment. Thus central govt can at max launch an investigation on the character of a judge, but the decision of CJI and the other judges who make the collegium, on who will become the next judge is final. Supreme Court has said that the process where the central givt has to consult the chief justice, in that process "consultation" means "concurrence" of CJI. Thus the collegium which is already full of elite judges, who have been lawyers and judges since generations will naturally favour their own kith and kin and children. Its like a brotherhood. Judge's make sure their child do law. After they have been lawyer for a few years these same judges in collusion with their friends will get their own children appointed as a new judge. And the cycle continues. This is the reality of Higher Judiciary in India. Most injust systmem to do justice. Hence you have families and families of judges like a royal house and it was Indira Gandhi that gave them the excuse to change the system.

leo__nidas

gutka_dinesh

One of my acquaintances when we were very young came and told me that this other kid came from a family of judges. As a kid I didn't understand why that mattered when you're just playing. Needless to say my acquaintance came from a family of estatement lawyers which would like to indulge in nepotism for god knows how many generations.



And the reason I say acquaintance and not friend is because he's exactly the sort of dude  I dislike. The nepotist.

Left over of the British legacy. They still have the same SOP, same arrogance, same contempt, same allegiance… but now they don’t have British Cover. We just foot their ‘Bill’. India needs a complete ‘Reboot’ not just a ‘Retrofit’.

Right-Ad-3834

toolate1257

there should be exams for judges, who score maximum should be appointed accordingly. But if there is reservation it would destroy judiciary further.

cosmosNZ

nisha_ka_nt

The collegium system is nothing but a hidden reservation system the kins and relative of judges to become judge. FK em all.

centerist_x

It is funny how getting posted in the top places in govt and private jobs needs one to clear interviews but getting to sc u just need a referral

progmaticprogrammer

Because these kids grow up in an environment already "conditioned" in a manner to nurture legal, judicious thinking at a very early stage, and coming in contact with other legal people all the time, inculcates.  They get goaded to be better than the father too.  

Why only judges, the same happens in all families of professionals like Accountants, Doctors, Lawyers etc.

Firstly, as there are only 15 judges per million citizens, that number needs to be increased at least two times. 

Secondly, stricter timelines for deciding cases must be adopted and unnecessary delays must mandatorily be met with the imposition of real costs. Similarly, interim injunctions and stays on proceedings of the Subordinate Courts must be finally disposed off with urgency. 

Thirdly, appeals, revisions, and other remedies (except 32 and 226) to the High Courts and the Supreme Court must be curtailed by statute and / or specialised tribunals should be used to reduce workload on Constitutional Courts. 

Fourthly, ADR mechanisms need to be made worthwhile to reduce the reliance on Courts. 

Fifthly, the State must adopt policies to reduce litigation initiated by it and the spirit behind provisions like Section 80, CPC must be followed in cases against the State.

_UBERRIMA_FIDES

Judges nahi hai bhai.

 There are more than 3 crore pending cases that's one case for every 50 people in this country the amount of judges pale in comparison to the sheer number of cases.

In lower court there is requirment of thousands of judges which are not sanctioned. 

In high courts there are 370 vacant judge positions against a sanctioned strength of 1100+ that means over 30% of high judge seats are vacant.

Plus judiciary has fixed holiday stretch (at least 40-50)  in which only a very small vacation bench sits. 

 Kaise hoga kaam?

Ok_Simple_459

msaussieandmrravana

End corruption + enforce rules and laws as they are for EVERYONE.

tarunag10

I wonder what stops GOI increase number of judges ?

kthdeep

LLM models should be of help. Some companies already working in this direction.

devraj_aa

Competitive-Pride-10

Put hefty penalty on the lawyer who’s asking for continuance, irrespective of the reason!

I’ve had my fair share of courts n ‘dates’ n lawyers et el. My father fought a case on my behalf, n it went all the way up to The Supreme Court of India. Once a wise guy told me that “courts are meant to get justice” is a misnomer. Courts are there only for the livelihood of judges n lawyers n everyone else working in courts!

ExplanationOld4473

if everybody follows rules and constitution then no jujji court kacheri required.

Radiant_Historian854

Bigger law firms and competitive so they finish off the cases as fast as possible and even settle out of courts because independent lawyers many times just drag the cases for fees and hope in mean time judges are increased at least fill up the vacancy.

raj_abhay

Decentralisation. Emphasis on community based settlement whereevr possible, atleast in civil cases.
Overtime for judges. No winter and summer vacation. Annual final judgement targets for each judge. Promotion only on the achievement of target. 
Increase the number of judges.
Make judiciary politically free.
No appointments for the retired judges, till two general elections, or two central govt changes after the retirement.

anwerified

1. There need to be preasure on judges to clear the cases like any employe in private sector has defined timelines for work to be finished. Then judges will put preasures on both parties to attend. If one party try to delay by not attending penalize that fellow by not fining Rs600, make Rs60,000. 

2. You need over all Manager to moniter judges to make sure they clear cases fast. 

  
Delaying justice is denaying justice.

  
Somebody occupied our plot by dismantling compound wall. It took 10 years. It ended not because of judgement, it was because of the person who occupied died. Every time there was court date, he is used to submit doctor certificate and not attended.

Ragnarok-9999

Firstly Mi lords need to descend to earth to deal with us commoners

MANISH_14

Absolutely no adjournment if someone in Jail, hearing should finish and judgement pronounced. If that is not possible grant bail. 
Other cases adjournment only 3 times. Pending cases disposed automatically.

Dry_Philosopher_4817

make law book tiny and too the point with simple words.
reduce loop holes. use AI to make it compact.

india has 'world's largest' law. i think this is the core issue.

PlantTreesEveryday

\&gt;posting this at 4am

Get some sleep even mi laaards don't care about anything past 6 o clock except in special cases. 

God i am craving for an icecream right now.

I have similar thoughts bhai you've penned it out,great 

!kudos

oknotbusy

You forgot to mention undertrials.

I think India has largest number of people rotting away in jails as undertrails, waiting for their case to be heard in the courts. Many of these people might be totally innocent, and some may even be scapegoats of the corrupt police &amp; politicians. I cannot imagine their daily mental &amp; physical torture at the hands of this pathetic system called judiciary and police of India.

The "secular" Constitution is certainly not so. It is the only anti-majority Constitution in the world. And it thus forms the "bulletproof" bulwark for the judiciary &amp; police &amp; govt to exploit &amp; oppress the majority with.

Indian government is only government in the world where the elected representatives can recommend their own salaries &amp; perks (and for the all  administrative babus including the judiciary &amp; police), vote on it, accept it, and implement it - all by themselves. Meanwhile the jawans of our armed forces, willing to die in their service to protect us citizens, were crying for basic salary parity (to match with astronomically risen inflation) and essential benefits, for decades.

We need an overhaul of all these systems ASAP. What use is trying to develop into a superpower if our foundations are themselves weak?

Random_Reflections

MRamAneeshwar

poop-pee-die

ChirpingSparrows

~~What's with this right wing hate for Judiciary? If BJP thinks judiciary is so bad, why was a former CJI (Ranjan Gogoi) made a Rajya Sabha member by same government? Basically the thing is that the government is unable to blackmail/bribe current CJI into becoming a government bitch, so they are starting this propoganda to get support for their "reforms".~~ Sure government should help judiciary hire more judges but government shouldn't be given power to directly appoint judges themselves and government must definitely not have power to remove judges. State governments already have power to transfer police officials, as a result they use police as bodyguards, make them polish their shoes; they arrest those are poor and lower caste for most minor of offence and straight up torture and sometimes even kill them in custody, on the hand they wouldn't dare touch a politician for most serious of offence unless told to do so by the same judiciary. If government is given power over judges, they would end up just like the police, it would be equivalent to Modi himself giving judgement but with more steps. Most of you have been brainwashed by the propaganda that, this old man is the best of the man and some sort of saviour, so imagine this, eventually some other government would be in power (might have in 2024 itself), what's stopping that government from using those powers against you? Government getting more power is not good for any of us. We also can't let people vote-in judges, a judge is supposed to be a neutral observer of the law, so opinion of the majority shouldn't matter. We used have juries, and members would give judgements in favour of honour killing accused; for reasons like this, we can't let a chai wala become a judge, it must be someone who knows the law and other judges can trust their judgement.

243f

I don't even think that'd be a good idea here. People are biased on random things, can be affected inside and outside the court.

without_star

Read Nanavati case on Google/wikipedia.
K. M. Nanavati v. State of Maharashtra

Imaginary-Visual-980

You mean that system where 12 random people who couldn't figure out how to get out of jury duty decide someone's fate? 

India actually had jury trials, but ditched them after the famous Nanavati case where a jury acquitted a naval officer who murdered his wife's lover - basically because he was handsome and popular. Turns out, having justice determined by people who can be swayed by good looks and media circus isn't the best idea. 

&gt;Bless the bureaucratic heart of the Indian judiciary

eseus

It was there earlier but after one case they abolished it. 

The 1959 case of KM Nanavati vs The state of Maharashtra.

No-Sundae-1701

Would lead to more corruption in the system.

eddyonreddit91

because in India everything is on sale ...log phle wohi kridenge 😅

Fearless-Energy-2015

Watch 12 angry men and you'll understand.

Professional_Win6004

Jury nullification remains a huge issue. In a country with rampant inequality and discrimination this would institutionalize  systematic discrimination, like the USA for a long long time through the judicial system. 

The judicial system in India is unique in the sense that it allows for independence of judges in appointments, and wide powers. Plus, our system doesn't believe in exemplary damages, but nominal so even in the private law field, the Indian judiciary is meant not to be a for profit endeavour but a justice seeking one, this gets hampered by a jury system unless a statute prevents jury orders from exceeding a particular limit as damages in disputes.

VegetableAd6825

Because it is a bad system basing justice on a popularity contest in a more civilized version of lynch mobs...

salazka

Because we aren't educated or literate enough to know how to exactly interpret the law.

If a husband murders his wife for cheating, you'll be hard pressed to find a jury including women who will punish the husband for murder because they will forget that murder isn't a justifiable action for cheating.

Our juries will go to extreme ends in their judgement because we make up laws in our own heads.

Because it'll be way easier to buy a jury. 

Imagine someone like Ram Rahim or Asaram in front of a jury. Aaram se apne bhakto ko bitha k "not guilty" karwa lete.

Imalldeadinside

What works in America does not mean it will work in India, especially with the level of corruption

Kst_1

No-Engineering-8874

Juries would be bought off in seconds, people would be baised to hell. The jury might be put into life jeopardy as well

OG_SV

watch the trial of OJ and you will know why it's not such a great idea.

Specialist-Eagle-537

People are biased to many things especially outsiders can easily influence people. Indians are really biased people. Indian Biases can be easily stupid things like Religion, caste, money, relationship interests etc. The difference between West having jury system still and India does not is that westerners have very difficulty in forming alliances and have mostly independent thinking. But an Indian jury can become biased even because an elder relative of their family told his/her father to vote in a biased way. The family connections and societal statuses matter more to Indians than Independent civil thinking.

Any-Juggernaut-7522

For those citing Nanavati as the case which got jury trials removed -- please read about that trial again. Nanavati wasn't acquitted because he was "handsome and popular" lol.

alt_acc2020

Well written laws are better than opinions of people who do not want to be on jury duty

ProudPractice27

Watch Rustom... It's the case that removed the jury system in India

AuntyNashnal

There was a famous case in Mumbai where the accused and the victim belonged to different communities and the Jury was divided along community lines. Indian stopped Jury system after that case

What goes to a single man's kitty will get distributed

Psymad

The jury system is not a good concept even in the US. Also, in criminal cases in the US, jury needs to have a unanimous verdict. Further, jury trials differ in each state in the US.

rdsdamn

PlaceOk2031

Well, the jury system in the U.S. is pretty broken too. I’m very glad we don’t have them anymore.

What if they brought Jury from different countries. Like For a court in India they get a jury from Sweden or something. Have a translator so there wont be any sympathy bias either. The feelings will be lost in translation

You want caste and religion to enter jury too?

Last_Tourist1938

We used to have it but in indian context the function of judiciary is mainly related to interpretation and dictation of existing laws in any scenario. The jury brings in subjective biases and opinions which can compromise decision making unlike a system where the judge only makes decisions based on stated facts and established laws. Benches with multiple judges still exist but they work within the laws and are personal opinions have little to no effect on judgements

kushagra33431

When they are not fairly selected we are expecting fair justice. The irony

Deep_Target1

Obviously. Most lawyers are from lawyers families. Easy to just enter your dad's chamber Snd start getting work. If only lawyers can become judges, what in the bloody hell dk you expect to see in judges ??

AkaiAshu

darkblueundies

altunknwn

Lineage is in every sector in India.. Be it medical, politics, business... Just the percentages differ

Massive_Vast_4250

This is how "meritocracy" works. Privileged people are so oblivious to their privilege that they dont see anything wrong with this.

britolaf

Fucking meritdhari parasites routinely give asinine judgements. How much more evidence do you need that privilege caste networks and nepotism passes off  as merit in our higher judiciary. 

charavaka

I cannot confirm and may be wrong but there is a strong assumption that most of the supreme court judges are alumni of a  single reputed school of  delhi

EmergencyProper5250

A very bad narrative being set to delegitimize the judiciary. 

In India, every single profession passes through lineage, that doesn’t mean it’s nepotistic. It’s just that kids born in a lawyer’s family just has better know how and avenues

bhodrolok

Unpopular opinion: Nepotism is one of the main reasons why india is so fucked from all aspects today.

Enough_Ask_3115

Street_Fruit_7218

I don't see the problem with judges coming from lawyer family because they have better exposure to law field from the beginning

certifiedGooner76

Okay, being devil's advocate, can somebody point out an actual instance of wrongdoing here?  
i get nepotism and all, but really, nepotism?(ye bollwod/politicion wali criticism nahi hai)

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