Necessary pushback: On the Supreme Court Collegium’s reiteration of recommendations
Centre should stop seeing judicial appointments as a system of spoils meant for loyalists (वफ़ादार)
The Supreme Court collegium ( A group of ruling officials each with equal rank and power) has done well to push back against the Union government’s attempts to block the appointment of some advocates as High Court judges. The three-member collegium, which makes recommendations for High Court appointments, has reiterated its decision to elevate lawyers Saurabh Kirpal to the Delhi High Court, R. John Sathyan to the Madras High Court and Somasekhar Sundaresan to the Bombay High Court. As it dealt in detail with the objections raised by the Centre in each individual case, the motives (उद्देश्य, प्रेरणा) behind the government’s ongoing contestation (मुक़ाबला, चुनौती) with the judiciary over appointments to constitutional courts stand exposed. Communications between the collegium and the Centre offer a glimpse (झलक) into the untenable (अस्थिर, असमर्थनीय) nature of the government’s objections to proposed appointees, making it abundantly clear how badly the current regime wants to control judicial appointments. If the objection based on a candidate’s sexual orientation smacks of a medieval-minded ideological (विचारधारा) bias, the effort to stall the elevation of a couple of advocates based on their social media activity exposes a mindset that sees appointments to the higher judiciary as a system of spoils meant for political loyalists. As the collegium has pointed out, neither the sexual orientation of Mr. Kirpal nor the airing of political views by the other two advocates will impinge (To have an effect) on their suitability or integrity (सत्यनिष्ठा, ईमानदारी).
The government appears to think that potential candidates for judicial (अदालती, न्यायालय-संबंधी) appointments should not have political views of their own, or that a tendency to make their views or opinion known will amount to a possible bias in their functioning as judges. Nothing can disprove this more than the fact that there are other names — to which the government seems to have no objections — that are closely associated with political parties. Indeed, one can say that the history of judicial appointments is replete with instances (उदाहरण) of government law officers, who invariably (स्थिरता से, बेबदलता से) enjoy the confidence of the political leadership at the Centre or the States, and lawyers who represent political leaders being offered positions on both the Supreme Court and High Court Benches. The objection based on sexual orientation is particularly appalling (भयावह, डरावना), as it is contrary to the constitutional position against discrimination based on sex or sexual preferences. The viewpoint that the collegium system of appointments is flawed as it is opaque (अपारदर्शी) and tends to reduce the zone of consideration is valid. However, the manner in which the current regime (शासन) is seeking to filter out candidates who, it suspects, may not further its political agenda will surely give the impression that allowing any sort of government interference (The action of interfering or the process of being interfered ) will pose (A particular way of standing or sitting is usually adopted for effect or to be photographed, painted, or drawn) a threat to judicial independence.
Courtesy: The Hindu
Important Word List With Meaning
1.Pushback (Noun)
Hindi Meaning - पीछे धकेलना
English Meaning - the action of forcing an object backward.
2.Reiteration (Noun)
Hindi Meaning - पुनरावृत्ति, दोहराव
English Meaning - The repetition of a process or utterance.
3.Loyalist (Noun)
Hindi Meaning - वफ़ादार
English Meaning - A person who remains loyal to the established ruler or government, especially in the face of a revolt.
4.Motive (Noun)
Hindi Meaning - उद्देश्य, प्रेरणा
English Meaning - A reason for doing something, especially one that is hidden or not obvious.
5.Contestation (Noun)
Hindi Meaning - मुक़ाबला, चुनौती
English Meaning - The action or process of disputing or arguing.
6.Glimpse (Noun)
Hindi Meaning - झलक
English Meaning - A momentary or partial view.
7.Untenable (Adjective)
Hindi Meaning - अस्थिर, असमर्थनीय
English Meaning - Incapable of being sustained.
8.Ideological (Adjective)
Hindi Meaning - विचारधारा
English Meaning - Relating to ideology.
9.Integrity (Noun)
Hindi Meaning - सत्यनिष्ठा, ईमानदारी
English Meaning - Quality of being honest and having strong moral principles.
10.Instance (Noun)
Hindi Meaning - उदाहरण
English Meaning - A case or occurrence of anything.
11.Invariably (Adverb)
Hindi Meaning - स्थिरता से, बेबदलता से
English Meaning - Without exception.
12.Opaque (Adjective)
Hindi Meaning - अपारदर्शी
English Meaning - Not able to be seen through; not transparent.
13.Regime (Noun)
Hindi Meaning - शासन
English Meaning - Leadership of organization
14.Judicial (Adjective)
Hindi Meaning - अदालती, न्यायालय-संबंधी
English Meaning - About court proceedings.
15.Appalling (Adjective)
Hindi Meaning - भयावह, डरावना
English Meaning - Causing dismay or horror.
16.Collegium (Noun)
English Meaning - A group of ruling officials each with equal rank and power.
17.Pose (Noun)
English Meaning - A particular way of standing or sitting is usually adopted for effect or to be photographed, painted, or drawn.
18.Impinge (Verb)
English Meaning - To have an effect.
19.Interference (Noun)
English Meaning - The action of interfering or the process of being interfered with.