Paper: GS – II, Subject: Polity, Topic: Judiciary, Issue: Impact of judge’s dissent on Judiciary’s authority.
Context:
Reports surfaced about Justice B.V. Nagarathna’s dissent highlighted opacity in the Collegium system. It raises concerns about judicial accountability, transparency, and the legitimacy of the higher judiciary.
Key Highlights:
The Idea of Justification in Constitutional Democracies:
- “Culture of Justification” (Etienne Mureinik): It entails that every public action must be explained and defended. Judges in India often invoke this principle to hold the State accountable.
- However, collegium’s secrecy undermines this principle when dissent is concealed.
Issues with Collegium’s Functioning:
| UK | South Africa |
| Judicial Appointments Commission publishes criteria and issues reports | Judicial Service Commission interviews candidates in public |
- Both systems are more transparent, strengthening democratic legitimacy.
Concerns for Democracy:
- Judiciary’s authority rests on trust, fairness, and accountability, not secrecy.
- Lack of transparency risks judiciary being seen as an unelected body wielding arbitrary power.
- Judicial independence doesn’t mean judicial opacity.
Way Forward:
- Greater Transparency: Collegium must disclose dissenting opinions and reasoning.
- Institutional Reforms: Revisit Collegium system, consider judicial appointments commission with accountability safeguards.
- Strengthen Legitimacy: Uphold the “culture of justification” to retain public trust.
- Balance Confidentiality with Openness: Protect reputations of rejected candidates while ensuring transparency.
Conclusion:
Judiciary’s moral authority depends not just on independence but also on openness, accountability, and transparency. Concealing dissent erodes credibility and weakens democracy. To protect its standing, the judiciary must embrace a culture of justification, ensuring that its decisions inspire trust and confidence among citizens.
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