Hindi English Translation || Editorial || Unseemly conflict: On Supreme Court-government tussle over the Collegium system

Unseemly conflict: On Supreme Court-government tussle over the Collegium system

The Union government appears determined to turn its conflict with the judiciary (न्यायाधिकरण) over judicial appointments into something unseemly (अनुचित, गंदा, अशोभनीय). The sources of friction (संघर्ष, टकराव, कलह) are two-fold (दोहरा, दुगुना). One is the daily diatribe (a bitter verbal attack; a tirade, verbal onslaught, rant) by Union Law Minister Kiren Rijiju, who appears to have been given an assignment (कार्य, नौकरी, कर्तव्य) to target the Collegium system with trenchant (vigorous, forceful, strong) criticism of its known, but uncorrected flaws (defect, fault, imperfection/weakness), and top (to add to something) it with unwarranted remarks such as asking the Court not to send any files, if it felt it was sitting on them. The second is the Government’s strategy (कूटनीति, रणनीति) of delaying appointments recommended by the Collegium as a counterblast (adverse response, counteraction) to its loss of primacy (श्रेष्ठता, प्रमुखता) in the matter. A Supreme Court Bench, hearing (listen to (a court case, lawsuit, inquiry, judicial/legal proceedings)) a contempt (अवमानना, अपमान) petition against the Government for not approving names reiterated (दोहराना, बार बार कहना) by the Collegium, has wondered (used to express a polite question; ask oneself, puzzle about, think about) whether the Government is not acting on the files because the Court did not permit the implementation of the National Judicial Appointments Commission (राष्ट्रीय न्यायिक नियुक्ति आयोग). There will be many takers for Mr. Rijiju’s central point that the collegium system is opaque (अपारदर्शी, अस्पष्ट). However, his adverse (विपरीत, शत्रुतापूर्ण, प्रतिकूल) comments fail to hide the perception (अनुभव, विचार, धारणा) that the aim may be to delegitimise (अवैध) the Court. The Government is also violating (उल्लंघन करना, तोड़ना, अवज्ञा करना) the prevailing (existing, current, present) legal position that a recommendation (proposal, submission, guidance) reiterated by the Collegium (The collegium system is the one in which the Chief Justice of India and a forum of four senior most judges of the Supreme Court recommend appointments & transfers of judges. There is no mention of the collegium in the Constitution of India), after due (proper, correct, satisfactory, appropriate) consideration (deliberation, examination, scrutiny, review (for promotion)) of its objections (protest, opposition, counter-argument, disapproval, disagreement, complaint), is binding (irrevocable, unalterable, unbreakable; obligatory, compulsory, mandatory, imperative, necessary) on it.

It is not difficult to bring relations between the judiciary and the executive (the executive is a branch of government that enforces the law as written by the legislature and interpreted by the judiciary) back on track, if only the two sides are willing (ready, prepared, inclined, disposed, keen) to address (tackle, deal with, attend to, try to sort out) each other’s concerns. The Court has a valid point when it says the uncertainty (unpredictability, unreliability, riskiness/precariousness) over the fate (destiny, outcome, future, end) of a recommendation for appointment is resulting in (lead to, cause, bring on, bring about, give rise to) eminent (distinguished, renowned, important, acclaimed) lawyers withdrawing (leave, quit, pull out of, back out of, pull back from, disengage from) their consent or declining invitations to join the Bench (a court of law with a number of judges). There are instances of the Government ignoring even two or three reiterations (the process of repeating something (some action) for clarity/emphasis; repetition, repeating, restatement, retelling, iteration), and of the absence of any communication of objections or reservations (objection, doubt, misgivings, scepticism, unease), if any, that the Government may have about particular candidates. If the current trend continues, it is not difficult to conceive (imagine, envisage, visualize, think, perceive, apprehend) of a situation in which a major verdict that may go against (oppose something; resist something; disagree with (something)) the Government is portrayed (represent, describe, depict) by the political leadership as stemming from the hostility (enmity, bitterness, rancour, resentment) of the judiciary and not one on merits (strong point, good point, value, advantage; an essential inherent quality (rights and wrongs only) while evaluating a case (not by external aspects)). One way of stopping further deterioration (undermining, weakening, fading, decline, degeneration) is for the Government to clear pending recommendations with due despatch (communication, report, communiqué, statement, announcement, message. (despatch is the British spelling while dispatch is the American spelling)). Another way is for the judiciary to begin or agree to a process of reforms in the way the Collegium functions, especially with regard to (in terms of, regarding, concerning, in respect of, with reference to) expanding the range of consultation and widen the zone (area) of consideration so that the superior (higher-level, higher-ranking, upper-level, senior) judiciary, and those it consults, are more diverse (various, varied, , sundry, multiple) and representative (characteristic, illustrative, indicative, paradigmatic, exemplary) of all sections. It is also not beyond the realm (area of activity; sphere, domain) of possibility for the Government to bring about (cause, create, produce, give rise to, result in, lead to) a new constitutional mechanism (procedure, process, system, operation, method, technique) to make appointments without undermining (weaken, subvert, sabotage, damage) judicial authority (power, jurisdiction, command, control, sovereignty, influence).

Courtesy: The Hindu

Important Word List With Meaning

1.unseemly (adjective)

Hindi Meaning - अनुचित, गंदा, अशोभनीय
English Meaning - improper, inappropriate, undignified.

2.judiciary (noun)

Hindi Meaning - न्यायाधिकरण
English Meaning - a branch of government in which judicial power is vested; judges collectively.

3.friction (noun)

Hindi Meaning - संघर्ष, टकराव, कलह
English Meaning - conflict, discord, disagreement, dissent, opposition, clashing.

4.two-fold (adjective)

Hindi Meaning - दोहरा, दुगुना
English Meaning - having two parts/elements.

5.assignment (noun)

Hindi Meaning - कार्य, नौकरी, कर्तव्य
English Meaning - task, job, duty.

6.strategy (noun)

Hindi Meaning - कूटनीति, रणनीति
English Meaning - plan of action (in order to achieve a more expansive set of political, economic, and security interests).

7.primacy (noun)

Hindi Meaning - श्रेष्ठता, प्रमुखता
English Meaning - greater importance, supremacy, dominance, priority, preference.

8.contempt (noun)

Hindi Meaning - अवमानना, अपमान
English Meaning - it refers to the offence of showing disrespect to the dignity or authority of a court (& its officers).

9.reiterate (verb)

Hindi Meaning - दोहराना, बार बार कहना
English Meaning - repeat, say again, restate.

10.National Judicial Appointments Commission (NJAC) (noun)

Hindi Meaning - राष्ट्रीय न्यायिक नियुक्ति आयोग
English Meaning - The National Judicial Appointments Commission (NJAC) is a constitutional body proposed to replace the present Collegium system of appointing judges. They will be selected by the commission, whose members will be drawn from the judiciary, legislature and civil society.

11.opaque (adjective)

Hindi Meaning - अपारदर्शी, अस्पष्ट
English Meaning - non-transparent, hidden, mysterious, doubtful, ambiguous, cryptic.

12.adverse (adjective)

Hindi Meaning - विपरीत, शत्रुतापूर्ण, प्रतिकूल
English Meaning - hostile, unfavourable, unfriendly opposing, opposed, dissenting, inimical.

13.perception (noun)

Hindi Meaning - अनुभव, विचार, धारणा
English Meaning - idea, thought, notion, belief.

14.delegitimise (verb)

Hindi Meaning - अवैध
English Meaning - reverse/withdraw legitimate status of something.

15.violate (verb)

Hindi Meaning - उल्लंघन करना, तोड़ना, अवज्ञा करना
English Meaning - contravene, breach, infringe, break, disobey, defy, flout.

16.tussle (noun)

English Meaning - argument, conflict, disagreement, quarrel, contention, hostility, friction.

17.collegium (noun)

English Meaning - The collegium system is the one in which the Chief Justice of India and a forum of four senior most judges of the Supreme Court recommend appointments & transfers of judges. There is no mention of the collegium in the Constitution of India.

18.turn over (phrasal verb)

English Meaning - change, transfer.

19.diatribe (noun)

English Meaning - a bitter verbal attack; a tirade, verbal onslaught, rant.

20.trenchant (adjective)

English Meaning - vigorous, forceful, strong.

21.flaw (noun)

English Meaning - defect, fault, imperfection/weakness.

22.top (verb)

English Meaning - to add to something.

23.unwarranted (adjective)

English Meaning - unjustified, unnecessary, unreasonable, uncalled for, groundless.

24.sit on something (phrasal verb)

English Meaning - to delay taking action about something.

25.counterblast (noun)

English Meaning - adverse response, counteraction.

26.bench (noun)

English Meaning - a court of law with a number of judges.

27.hear (verb)

English Meaning - listen to (a court case, lawsuit, inquiry, judicial/legal proceedings).

28.wonder (verb)

English Meaning - used to express a polite question; ask oneself, puzzle about, think about.

29.act on/upon (phrasal verb)

English Meaning - comply with, act in accordance with, follow; to do something as advised.

30.taker (noun)

English Meaning - acceptor.

31.prevailing (adjective)

English Meaning - existing, current, present.

32.recommendation (noun)

English Meaning - proposal, submission, guidance.

33.due (adjective)

English Meaning - proper, correct, satisfactory, appropriate.

34.consideration (noun)

English Meaning - deliberation, examination, scrutiny, review (for promotion).

35.objection (noun)

English Meaning - protest, opposition, counter-argument, disapproval, disagreement, complaint.

36.binding (adjective)

English Meaning - irrevocable, unalterable, unbreakable; obligatory, compulsory, mandatory, imperative, necessary.

37.the executive (noun)

English Meaning - the executive is a branch of government that enforces the law as written by the legislature and interpreted by the judiciary.

38.bring/get/put something back on track (phrase)

English Meaning - to continue something as planned/expected after correcting the problems.

39.willing (adjective)

English Meaning - ready, prepared, inclined, disposed, keen.

40.address (verb)

English Meaning - tackle, deal with, attend to, try to sort out.

41.uncertainty (noun)

English Meaning - unpredictability, unreliability, riskiness/precariousness.

42.fate (noun)

English Meaning - destiny, outcome, future, end.

43.result in (verb)

English Meaning - lead to, cause, bring on, bring about, give rise to.

44.eminent (adjective)

English Meaning - distinguished, renowned, important, acclaimed.

45.withdraw (verb)

English Meaning - leave, quit, pull out of, back out of, pull back from, disengage from.

46.consent (noun)

English Meaning - approval, acceptance, agreement, assent, concurrence.

47.bench (noun)

English Meaning - a court of law with a number of judges.

48.reiteration (noun)

English Meaning - the process of repeating something (some action) for clarity/emphasis; repetition, repeating, restatement, retelling, iteration.

49.reservation (noun)

English Meaning - objection, doubt, misgivings, scepticism, unease.

50.conceive (verb)

English Meaning - imagine, envisage, visualize, think, perceive, apprehend.

51.go against (phrasal verb)

English Meaning - oppose something; resist something; disagree with (something).

52.portray (verb)

English Meaning - represent, describe, depict.

53.stem from (verb)

English Meaning - originate from, derive from, arise from, come from.

54.hostility (noun)

English Meaning - enmity, bitterness, rancour, resentment.

55.merits (noun)

English Meaning - strong point, good point, value, advantage; an essential inherent quality (rights and wrongs only) while evaluating a case (not by external aspects).

56.deterioration (noun)

English Meaning - undermining, weakening, fading, decline, degeneration.

57.despatch (noun)

English Meaning - communication, report, communiqué, statement, announcement, message. (despatch is the British spelling while dispatch is the American spelling).

58.with regard to (phrase)

English Meaning - in terms of, regarding, concerning, in respect of, with reference to.

59.widen (verb)

English Meaning - increase, enlarge, expand.

60.zone (noun)

English Meaning - area.

61.superior (adjective)

English Meaning - higher-level, higher-ranking, upper-level, senior.

62.diverse (adjective)

English Meaning - various, varied, , sundry, multiple.

63.representative (adjective)

English Meaning - characteristic, illustrative, indicative, paradigmatic, exemplary.