The Battle for Judicial Reforms: The Way Forward for India

India’s judiciary, a cornerstone of its democratic fabric, has been a preserve of venerable self-selection. However, the current system has faltered, prompting a reevaluation and push for reform. The Modi government’s attempts to overhaul the existing Collegium System have met with stiff resistance from the judiciary itself, a paradoxical response that raises questions about the efficacy of the current mechanism. This article delves deep into the need for judicial reform, its implications, and the challenges that stand in the way.

Background: NJAC and the Supreme Court's Ruling

The National Judicial Appointments Commission (NJAC) was passed with widespread support in 2015. Its aim was to introduce a third party into the judicial nominations process, thus breaking the monopoly of the collegium system. Yet, the Supreme Court struck down NJAC in 2018, stating it violated the Basic Structure Doctrine of the Constitution. This decision set back the reform efforts, as the court insisted on maintaining the collegium system, the very system the government sought to change.

BJP’s attempt to reintroduce NJAC with amendments was met with resistance. The current system, where judges select themselves, is highly controversial and can be compared to other totalitarian regimes, making its legitimacy questionable. It's time for a thorough overhaul to ensure a transparent and impartial selection process for judges.

Contentious Perspectives and Controversies

Those who claim that the judicial system is corrupt often ignore the independence granted by the Constitution. The Supreme Court, in its wisdom, has consistently maintained the collegium system despite intense political pressure. This system is designed to maintain judicial independence from the executive branch, ensuring that the judiciary remains untainted by political interference.

However, the rulings by the Supreme Court do not necessarily mean that it operates without flaws. The irony is that the body that is supposed to uphold the rule of law is itself the subject of critique. The lack of consensus among political parties and the failure to establish a clear boundary between the judiciary and the executive arm of the government fuels the debate over the need for reform.

The Failure of the Modi Government

The failure of the Modi government to address critical governance issues, such as maintaining law and order, economic development, and employment, has been well-documented. From the Gujarat riots to the ongoing civil unrest in Manipur, the failures under the Modi regime are numerous. Despite the government's attempts to showcase success through initiatives like the Smart Cities program, Swachh Bharat, and the bullet train project, the reality is far from rosy.

The attempts to correct the judiciary come at a time when the government has already subjugated other constitutional pillars of democracy, including the media. The ranking of India in the World Press Freedom Index, where it ranks 161 out of 180 countries, is a troubling indicator of the state of press freedom under the current regime.

Corruption and Extortion

The allegation of corruption within the BJP is significant and supported by strong evidence. The use of Electoral Bonds has been a glaring example of how political parties, including the BJP, can extort vast sums from business houses without any public disclosure. A trustee, Prudent Electoral Trust, stands out as one of the largest-known donors to the BJP, raising over 272 million since its creation in 2013.

The stakes are high, and the recent revelations about the misuse of funds highlight a systemic failure. The failure to address these issues further undermines any attempt to make the judiciary less politicized and more independent. As long as such avenues of corruption persist, the judiciary will remain a battleground rather than a bastion of justice.

Way Forward

To address these challenges, a comprehensive overhaul of the judicial system is needed. This includes:

Removing the current Collegium System in favor of a more transparent and democratic process. Establishing clear boundaries between the judiciary and the executive. Ensuring judicial independence and impartiality. Introducing reforms that address corruption and ensure accountability.

The failure of the Modi government in these areas calls for a reassessment of its priorities and a more transformative approach to governance. The judiciary, in particular, needs to be reformed to uphold the principles of the Constitution and ensure that the rule of law is supreme.

Only with a stable and independent judiciary can India hope to truly progress in the 21st century. The time for reform is now.