Tag: transparency

(Part 2) – Transfers of High Court Judges: Testing the viability of planting the seed of transparency in the plant that is opaque procedure

This is the second part out of two parts of an article dealing with the transfer of judges within the Indian judiciary. The second part will explore the validity and viability of the two mechanisms that can instill transparency- suo moto disclosure of reasons by the collegium and obtaining the disclosure of reasons through the Right to Information Act, 2005. It explains how both of these mechanisms are unviable, in turn concluding that the expectation of transparency would not be able to translate into reality.

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(Part 1) – Transfers of High Court Judges: Testing the viability of planting the seed of Transparency in the plant that is opaque procedure

This is the first part out of two parts of an article dealing with the transfer of judges within the Indian judiciary. It is divided into 2 sections. The first section delineates the evolution of jurisprudence on the procedure of transfer. The second section delves into the analysis of the problem and reasons behind the controversies surrounding transfers and weighing arguments that state the pros and cons of the disclosure of reasons.

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Judges Appointing Judges – The Collegium Conundrum

The authors aim to identify the flaws in the current system of selection and appointment of judges but without searching for an ideal alternative approach, rather seeks to suggest amendments to the existing system. Major shortfalls identified are transparency, diversity, competence and conflict of interest followed by suggestions pertaining to criteria for selection and application process among others.

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