Judiciary Reforms: Relatives of Judges May No Longer Be Considered for Appointments

New Delhi (The Uttam Hindu): There has long been a perception regarding the appointment of judges to the High Courts and Supreme Court that first-generation lawyers are often overlooked in favor of second-generation lawyers with familial ties to the judiciary. This perception suggests that individuals whose family members are already judges are more likely to be promoted to judicial positions. However, the Collegium is reportedly considering steps to address this issue and eliminate such biases.

It is now being suggested that the Collegium may refrain from forwarding the names of candidates whose family members or relatives are serving or have served as judges in the High Courts or Supreme Court. If implemented, this would represent a significant shift in the Collegium's process of selecting judges. Currently, a substantial proportion of judges have family members who are or were associated with the legal profession.

Reports indicate that some Collegium members proposed excluding candidates with familial judicial ties from consideration. While this approach could mean that some deserving candidates might miss out the Collegium argued that such individuals could still achieve great success as lawyers and enjoy ample opportunities to thrive professionally. Although this decision may affect a few individuals the Collegium believes it serves the broader interest of fairness and meritocracy. Notably, the Collegium’s initiative carries weight, particularly because the Supreme Court's constitutional bench struck down the National Judicial Appointments Commission (NJAC) in 2015, reinforcing its autonomy in judicial appointments.