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Monday, June 23, 2025

Is the Collegium System here to stay?

The cash stashed scam involving the Delhi high Court judge Justice Yashwant Varma has drawn  the ire of the nation and the legal fraternity  and in particular  the Allahabad  Bar Association which took strong exception to the tainted  judge being transferred  to the Allahabad high court .

Anil Tiwari the president  of the Association said “It is apposite to state that after this incident  the judiciary especially  the high court and the Supreme court  will not be able to claim moral high grounds.” Tiwari further  said that Justice  Varma’s conduct had shocked the nation and the functioning of the constitution  was at stake. 

Vice -President and Chairman  of the Rajya Sabha Mr Dhankar said that things would  have been very different if the mechanisms of judicial appointments ( NJAC) passed by both houses  of parliament in 2014 and  by State assemblies had not been struck down by the Supreme court. The same was ratified  by the President under section 111 of the constitution. 

 An all party meeting was convened by Dhankar which was attended by Congress  President  Kharge and JP Nadda amongst others but given the chemistry or the lack of it amongst the BJP and the opposition it is highly unlikely  that the opposition  will back any proposal or legislation to regulate the judiciary. 

The Supreme  court has stuck to its stand of transferring justice Varma to the Allahabad high court inspite of opposition  from the Bar which had vehemently  opposed this decision  of the apex court saying that it was not a trash bin where tainted judges could be dumped. 

Reading out a resolution of the Allahabad Bar Association Anil Tiwari said that the continuance of Justice Varma as a High Court judge is dangerous  for democracy as it eroded public faith which is the only power available  with the judicial system. “If faith is gone everything  is gone,” he said.

 With the Supreme  court sticking with an in house enquiry and the government  at loggerheads with the opposition it’s a stalemate of sorts as far as judicial reforms  or the doing away of the Collegium system . 

Only a thorough introspection by the apex court and a more transparent system of appointment while adhering to high standards of morality can restore the public confidence in one of the most important and towering pillars of democracy. 

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Aman Gupta
Aman Gupta
Political Editor, Samast Bharat magazine

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