Topic: GS2 – Indian polity.
- The Supreme Court expressed concern over the government’s delay in judicial appointments and transfers in High Courts.
- Justice Sanjay Kishan Kaul, leading a three-judge Bench, found the delay in transferring High Court judges troublesome and disturbing.
- The government’s selective segregation of names for transfers disrupted judicial seniority.
Ramifications of government delay in appointments and transfers of judiciary:
- Erosion of Judicial Independence: Delays in appointments and transfers can erode the independence of the judiciary by subjecting it to external influences or undue pressure.
- Impact on Justice Delivery: Delayed appointments can lead to backlogs in courts and hinder the timely delivery of justice, affecting litigants and the overall legal system.
- Disruption of Seniority: Selective delays and appointments disrupt the seniority of judges, potentially leading to conflicts and undermining the hierarchy within the judiciary.
- Loss of Trust: Such delays can erode public trust in the judicial system, as citizens may perceive it as inefficient and politically influenced.
- Inefficiency and Workload: Delayed appointments and transfers place additional burdens on existing judges, affecting their workload and efficiency.
- Political Interference: The perception of selective delays and appointments can lead to allegations of political interference in the judiciary, undermining its impartiality.
- Administrative Challenges: Managing courts and legal proceedings becomes challenging when essential appointments are delayed, impacting the administration of justice.
Question: Examine the role of seniority and the impact of delayed judicial appointments on the hierarchy within the Indian judiciary. What measures can be taken to maintain the integrity of the seniority system in the face of such delays?