TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Main Pillar 1260 at Paraihat

    BSF Shoots Dead Two Bangladeshi Nationals in Meghalaya; BSF on High Alert After Bangladesh Violence

    USA’s True Colours on Display as Bangladesh Burns with Anti India Violence

    USA’s True Colours on Display as Bangladesh Burns with Anti India Violence

    Does the United States Really Know Sharif Osman Hadi and His Alleged Links to Islamic Radicalism!

    Does the United States Really Know Sharif Osman Hadi and His Alleged Links to Islamic Radicalism!

    Allahabad High Court Brands ‘Sar Tan Se Juda’ Slogan as Direct Assault on India’s Unity and Sovereignty

    Allahabad High Court Brands ‘Sar Tan Se Juda’ Slogan as Direct Assault on India’s Unity and Sovereignty

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Steps to remove hypothecation from RC after Loan repayment

    Steps to remove hypothecation from RC after Loan repayment

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    Proposed IMRH By HAL

    IMRH Set to Cross 75% Indigenous Mark, Signalling Major Leap in India’s Rotorcraft Capability

    CM Bhajanlal Sharma Flags Off Event with Top Military Leaders

    Honour Run 2025 draws 2,500 runners in Jaipur to salute veterans

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PM Modi In Car with Different Leaders

    Personal Gestures, Powerful Signals: PM Modi and the Rise of ‘Car Diplomacy’

    The Shyok Tunnel

    Shyok Tunnel Dedicated in Eastern Ladakh: A New Symbol of India’s Strategic Strength, Will Make It Easy to Handle the Chinese Threat at LAC

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Effective Study Techniques Backed by Science

    Effective Study Techniques Backed by Science

    Pictorial Representation on Ghazni’s Invasions.

    NCERT Updates Class 7 Books With Detailed Account of Ghazni’s Invasions

    When BR Ambedkar openly challenged the Nizam Shahi

    When BR Ambedkar openly challenged the Nizam Shahi

    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    Handbags for Women That are Worth Every Penny

    Handbags for Women That are Worth Every Penny

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Remove Watermarks from Nano Banana 2: Top 3 AI Tools

    Remove Watermarks from Nano Banana 2: Top 3 AI Tools

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Main Pillar 1260 at Paraihat

    BSF Shoots Dead Two Bangladeshi Nationals in Meghalaya; BSF on High Alert After Bangladesh Violence

    USA’s True Colours on Display as Bangladesh Burns with Anti India Violence

    USA’s True Colours on Display as Bangladesh Burns with Anti India Violence

    Does the United States Really Know Sharif Osman Hadi and His Alleged Links to Islamic Radicalism!

    Does the United States Really Know Sharif Osman Hadi and His Alleged Links to Islamic Radicalism!

    Allahabad High Court Brands ‘Sar Tan Se Juda’ Slogan as Direct Assault on India’s Unity and Sovereignty

    Allahabad High Court Brands ‘Sar Tan Se Juda’ Slogan as Direct Assault on India’s Unity and Sovereignty

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Steps to remove hypothecation from RC after Loan repayment

    Steps to remove hypothecation from RC after Loan repayment

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    Proposed IMRH By HAL

    IMRH Set to Cross 75% Indigenous Mark, Signalling Major Leap in India’s Rotorcraft Capability

    CM Bhajanlal Sharma Flags Off Event with Top Military Leaders

    Honour Run 2025 draws 2,500 runners in Jaipur to salute veterans

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PM Modi In Car with Different Leaders

    Personal Gestures, Powerful Signals: PM Modi and the Rise of ‘Car Diplomacy’

    The Shyok Tunnel

    Shyok Tunnel Dedicated in Eastern Ladakh: A New Symbol of India’s Strategic Strength, Will Make It Easy to Handle the Chinese Threat at LAC

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Effective Study Techniques Backed by Science

    Effective Study Techniques Backed by Science

    Pictorial Representation on Ghazni’s Invasions.

    NCERT Updates Class 7 Books With Detailed Account of Ghazni’s Invasions

    When BR Ambedkar openly challenged the Nizam Shahi

    When BR Ambedkar openly challenged the Nizam Shahi

    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    Handbags for Women That are Worth Every Penny

    Handbags for Women That are Worth Every Penny

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Remove Watermarks from Nano Banana 2: Top 3 AI Tools

    Remove Watermarks from Nano Banana 2: Top 3 AI Tools

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

Unintentional outcome of tussle between collegium and Modi government

Shivam Jaiswal by Shivam Jaiswal
22 January 2023
in Analysis
Unintentional outcome of tussle between collegium and Modi government
Share on FacebookShare on X

Sociologist C. Wright Mills, in his book The Power Elite, calls attention to the interwoven interests of the elites, the eponymous “power elite” are those that occupy the dominant positions in society, and their decision has enormous consequences. Applying this theory to the present tussle between the judiciary and the incumbent Modi government explains why the judiciary is not willing to give up on the opaque collegium system.

The theory highlights why the elites are never inclined to give up on their power and do not support the call to be controlled by any external force. The superficial idea of the theory can be illustrated by the previous statement of Justice N.V. Ramana, the former Chief Justice of India, who defended the collegium method of choosing judges, by saying that the selection procedure “could not be more democratic than this.”

RelatedPosts

Two Lives, One Cause: Remembering Pandit Ram Prasad ‘Bismil’ and Ashfaqullah Khan of the Kakori Conspiracy

Bangladesh: Violent Mob Torch Two Influential Newspaper Offices, Attack Journalists Amid Growing Unrest

Bangladesh: The Cocoon of Islamic Terror

Load More

Catastrophic effect of Collegiums’ fixation 

The most catastrophic effect of the fixation to hold power in their own hand can be best illustrated from the fact that recently, the SC collegium has admonished the government’s law department saying ‘it was not open to the Department to repeatedly send back the same proposal which has been reiterated by the Supreme Court Collegium after duly considering the objections of the Government.’

The government has raised objection over the recommendation of Advocate Banerjee, who happens to be the son of former Supreme Court judge Justice UC Banerjee, who headed a commission in 2006 that ruled that the 2002 Sabaramati Express fire tragedy at Godhra was an accident. The Union Home Minister, Amit Shah has on previous occasion opined that through the alleged report, “Lalu Prasad Yadav tried to paint 2002 Godhra train carnage as accident and not a conspiracy”. Despite, such reservations of the government, collegium has been adamant to recommend the son of the same judge, leading to tussle between the government and the collegium.

In another incident, the government has objected over the recommendation of “gay advocate Saurabh Kirpal” as the judge of Delhi HC, but the collegium seems to be firmly grounded in its stance.

This isolated incident thus, brings out the tussle between the two wings of Indian democracy that are supposed to ‘set aside the ego battles’ and work for effective implementation of justice.

Collegium System and the critics

The Collegium system which is infamously known as the “Judges-selecting-Judges” is the system of selection wherein the judges are bestowed with the power to appoint and transfer judges. Instead of a parliamentary sanction or constitutional mandate, the judgments of the Supreme Court have been made the grundnorm on which the entire collegiums system rests. Owing to the pronouncement of the Second Judge and Third Judge Case, the collegium has acquired the position to prosper unfailingly under the sky.

Raed more: NJAC and Collegium: The hidden truth

Under the existing system, the four senior-most justices of the Supreme Court constitute the Collegium, which is presided over by the Chief Justice of India. The Chief Justice of the High Court and the four other senior-most judges of that court comprise the collegiums for the selecting of a High Court judge. The names recommended for appointment by a High Court collegium reach the government only after the approval by the CJI and the Supreme Court collegium.

The government is only vested with the power to return the recommendation for reconsideration by the Collegium itself. If the collegium reiterates its recommendation then the government is mandated to appoint the respective person.

Scrutiny of the Collegium System

The scrutiny of the collegium system illustrates the opaqueness of the existing system. The entire scheme of things suggests that the power of appointment and selection of judges vests with a handful of privileged people in the helm of authority, who select their fellow mates from amongst the close circuits, raising serious questions of the objectivity of the system in place. Furthermore, the collegium owing to the ‘vested interest selection process’ is against the principle of natural justice.

Raed more: NJAC is the past! Government Representative to revamp Collegium

The wider and progressive interpretation of the legal principle, ‘Nemo Judex In Causa Sua’ meaning thereby “No one should be a judge in his own case” rules that vested interest groups should not be bestowed with the power to be part of judgemental decision-making. It is so because this may lead to biased decision-making, which may adversely affect the validity of the decision. Further, it is due to the collegium system being put into question in various academic debates of the legal fraternity, making it imperative for the government to put a watchdog in place to ensure transparency.

Government’s assertion on Collegium

The government headed by Prime Minister Modi has been trying to bring more transparency in the judicial selection process, since 2014. Earlier, it had brought in the NJAC in 2014 that provided a more diverse legal landscape for the selection of judges but the judiciary in its dictum declared the Act, unconstitutional. Consequently, the legislature was forced to abide by the verdict of the court to continue with the collegiums system. However, more recently, the Union Law Minister, Kiren Rijiju had written to the Chief Justice of India to accommodate a government representative in the collegiums system to ensure transparency in the selection process.

Read more: As Justice Chandrachud becomes 50th CJI, Kiren Rijiju mounts fresh attack on collegium structure

The recommendation of the Union Minister is an outcome of unrest that had arisen owing to the continuous denial of the judiciary to bring about reforms in its selection process. As per a news article in Indian Express, only 250 families have sent judges to the Apex Court. The article brings out the fallacy of the system and justifies the concerns of the government that is backing more transparency in the collegiums system.

Moreover, in a larger sense, the collegium system is also against the ‘Judicial restraint theory’ that prescribes that the judges should limit the exercise of their powers by not influencing the decision or the proceedings with their own preferences and perspectives, but rather by the constitutional and statutory mandates. Thus, the judiciary is vested with the responsibility to ensure that the questions rose on the credibility of the collegiums and that the integrity of the selection process is dealt-in with positive vigour. The judiciary should thus, provide for the incorporation of government representatives in the collegiums system.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

Tags: Central GovernmentCollegiumCollegium systemIndiaModi governmentPolicy
ShareTweetSend
Previous Post

Khandoba Mandir Jejuri, History, Timings, Travel Guide and How to reach

Next Post

Maa Katyayini Mandir Chhatarpur, Timings, History and Travel Guide

Related Posts

How India Defeated Western Proxy-Making: Unlike Ukraine
Analysis

How India Defeated Western Proxy-Making: Unlike Ukraine

12 December 2025

The West tried to turn India into an anti-China proxy using NGOs, media, opposition parties, retired officials, academics and...

The US F-16 Package to Pakistan
Analysis

Trump sends $686 Million F-16 Package to Pakistan, is the US fueling another India-Pak conflict?

11 December 2025

The United States has approved a $686 million package of advanced technology and support for Pakistan's F-16 fighter jets....

Trump's Tariffs on Indian Rice
Analysis

Putin visit repercussions? Trump now warns of Fresh Tariffs on Indian Rice, how will it impact India

9 December 2025

US President Donald Trump has warned that his administration may impose additional tariffs on Indian rice exports, accusing India...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

Captured Turkish YIHA drone Showed by the Indian Army |Defence News| Operation Sindoor

Captured Turkish YIHA drone Showed by the Indian Army |Defence News| Operation Sindoor

00:00:58

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37

‘Mad Dog’ The EX CIA Who Took Down Pakistan’s A.Q. Khan Nuclear Mafia Reveals Shocking Details

00:06:59

Dhurandar: When a Film’s Reality Shakes the Left’s Comfortable Myths

00:06:56

Tejas Under Fire — The Truth Behind the Crash, the Propaganda, and the Facts

00:07:45
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact Us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited