In a significant policy shift that could reshape the judicial appointment landscape in India, the Supreme Court collegium is considering a proposal to temporarily halt the appointment of high court judges who are close relatives of existing judges in the Supreme or High Courts. This initiative, as reported by The Times of India, aims to dispel long-standing perceptions of nepotism within the judiciary and create a more equitable space for first-generation lawyers.
The proposal, first suggested by one of the collegium judges, has sparked widespread debate among the judiciary’s top echelons, including Chief Justice Sanjiv Khanna and Justices B R Gavai, Surya Kant, Hrishikesh Roy, and A S Oka. The initiative is seen as a means to foster a broader and deeper pool of talent, drawing from diverse backgrounds and communities, which have been underrepresented in the judiciary.
Under the current system, the selection of high court judges heavily depends on recommendations from high court collegiums, which include detailed biographies and intelligence reports on the candidates. However, this proposal introduces a new criterion that excludes candidates with familial ties to the judiciary, aiming to ensure that appointments are based on merit rather than legacy.
The collegium’s discussions reflect a growing awareness of the need for transparency and fairness in judicial appointments. By potentially pausing the appointment of judges’ relatives, the collegium hopes to address criticisms of the judiciary as insular and promote a more inclusive approach.
This proposed pause is not without its critics, who argue that it might unfairly disadvantage qualified candidates simply because of their family connections. However, proponents believe that it will not harm the professional prospects of such lawyers, who can continue to achieve success and recognition in other legal capacities.
