National Law University Odisha
This blog examines the Indian judiciary’s fraught relationship with gender justice by recognizing the institution not only as a dispenser of justice but also as an administrative body in itself. It argues that the Collegium’s appointment decisions guided by undeclared factors like suitability and merit are frequently gendered in reality.
The Judiciary is frequently criticised for keeping judicial appointments an opaque affair. However, the process is facing a silent crisis of executive delay. Recently, the Supreme Court released a list of candidates who were recommended by the Supreme Court Collegium, but were not appointed as High Court Judges by the Ministry of Law and Justice since 2022. This systemic issue was further underscored by research conducted by the Supreme Court Observer, which found that the Central Government did not accept 24% of all recommendations by Justice Sanjiv Khanna’s Collegium. This piece aims to argue that this unnecessary practice of the Central Government not only exacerbates the predicament of vacancies in the High Courts, but also constitutes a grave violation of the principle of Separation of Powers.
Shivani Tripathi Introduction The year of 2025 witnessed a fierce debate on the issue of post-retirement appointment of judges. The debate was highlighted by contrasting views of two former Chief Justices of India. On 2nd August 2025, Justice D.Y. Chandrachud, while speaking at an event in Mumbai, expressed his thoughts on the appointment of judges... Continue Reading →
Constitutional Law Society 