World’s largest democracy, India has four pillars- the Legislature, the executive, Judiciary and the Media, each pillar complimenting each other with each providing strength to the system and each one is expected to act within its domain with no interference from others. But of late a major confrontation is brewing between the Legislature and Judiciary, Government’s resentment against Collegium system of appointments and Judiciary invalidating the National Judicial Appointments Commission in 2015 and now over the names being forwarded and reiterated for appointments of judges. Definitely all is not well between these two most important pillars and not good for democracy at all. Seven years and still no consensus on MOP for appointment of judges and result is time and again Collegium sending the names and Government sending it back for reconsideration, in some cases twice. This has resulted in inordinate delay in appointments especially High Court where more than 300 vacancies have to be filled, some HCs working with 50 percent strength only. Same is the case with Supreme Court Judges as Government finds the Collegium system opaque benefitting only few and Judiciary adamant on giving up its sole right to appoint judges. The Parliamentary Panel has rightly advised both the Legislature and Judiciary to sit together and find a mutually agreeable way-out. Washing dirty linen in public space is never a good idea and both must desist to do it. Time has changed and many laws have changed, even Legislature’s powers diluted, like Anti-defection Law and there is no harm in setting the house right. Some HC’s are working below 40 percent judges, cases pending in heaps and as a result public losing interest, looking for alternatives. As suggested out of box thinking is a must now, logjam must end in the interest of democracy.
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