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Politics of Nepotism In Indian Judiciary
POLITICS OF NEPOTISM IN INDIAN JUDICIARY:
LIKE FATHER, LIKE SON
It’s an adage that children tend to get into the same profession as their parents and it becomes a family lineage, all in the same business or profession. This has been true in the real world, long before we labeled Bollywood as a nepotism-heavy industry.
TABLE OF CONTENTS
The practice of favouring family members or close acquaintances in professional settings is less understandable, especially, when it threatens the ethics of an entire country’s legal system. ⚠️
Lady Justice may be blind👩🦯 , but not the perpetrators and certainly not the afflicted.
INTRODUCTION
The Indian judiciary, the final arbiter of justice in the world's largest democracy, is increasingly under scrutiny for an insidious problem: nepotism. 🫢 Despite its sacred duty to uphold the principles of ⚖️ fairness, equality and impartiality, the judiciary has been slammed with mounting allegations of helping family dynasties in the Indian legal ecosystem to thrive and favouring the well-connected over the worthy.
The curtains were pulled back on the extent of this problem when 📰 Hindustan Times published a damning exposé on May 3, 2014, which revealed that an astonishing 1 in every 3 judges in India's 24 high courts had a relative practicing in the same court!
We investigate how the landscape of legal authority in India has evolved in the decade since this deeply troubling revelation sparked a national debate. 😔📰
HISTORY OF NEPOTISM IN INDIAN LEGAL SYSTEM
The roots of nepotism in our judiciary system can be traced back to a post-1947 newly-independent India, where familial ties often played a significant role in shaping judicial appointments. However, a watershed moment came in 👨⚖️👨⚖️👨⚖️ 1993 with the landmark Three Judges Cases, which gave the presiding bench sole power over appointments 🔨 by enforcing the collegium system.
For all intents and purposes, it was designed to insulate the judiciary from political meddling and protect its independence. The collegium system later became a subject of criticism with allegations of being the 🦟 breeding ground for nepotism that has allowed familial connections to flourish unchecked within its sheltered ranks. 📜⚖️
In 2014, HT revealed in the same report that 😡 8 out of India's 24 high courts had also allowed the creation of "Jai Hind" memorials inside court premises to honour judges' relatives by 2009.
This blatant and pervasive culture of favouritism has undermined the foundational principles of merit, diversity and equal opportunity, championed by Dr. Bhimrao Ambedkar - the father of the Indian Constitution, for a fair and just legal system. 😞 Of course, public faith in its impartiality and integrity has slowly eroded.
HOW JUDGES ARE APPOINTED: A BROKEN SYSTEM
The appointment of judges in India has been a contentious issue for decades, with the process being plagued by a lack of transparency, political interference, and claims of nepotism. At the heart of this controversy lies the collegium system, an approach to judicial appointments unique to India.
THE COLLEGIUM SYSTEM: A FLAWED APPROACH
Under the collegium system, a panel of the 5 senior-most judges of the Supreme Court, headed by the Chief Justice of India (CJI), is responsible for recommending names for appointment as judges to the higher judiciary. This system was born out of a series of Supreme Court judgments in the 1990s, known as the Three Judges Cases.
Instead, the collegium system has created an opaque and unaccountable process with unnecessary secrecy to its selection criteria and the absence of meaningful checks and balances that have allowed bias to take root, with family members and close associates of sitting and retired judges often finding themselves on the bench. Often, the hand-picked new appointments ‘jump over’ well-qualified and well-deserving other chief justices and high court judges.
THE NJAC: A STILLBORN REFORM 🚫
To address these concerns, the Parliament passed the 99th Constitutional Amendment Act and the National Judicial Appointments Commission (NJAC) Act in 2014. The NJAC was envisioned as a more ⚖️ broad-based and representative body that would replace the collegium system and bring greater transparency and accountability to the appointment process.
Under the NJAC, a 🪑 6-member panel comprising the Chief Justice of India (CJI), 2 senior-most Supreme Court judges, the Union Law Minister, and 2 eminent persons nominated by a committee consisting of the CJI, the Prime Minister, and the Leader of the Opposition in the Lok Sabha, would have been responsible for recommending names for appointment to the higher judiciary.
In 2015, ironically, a 5 judge bench of the Supreme Court struck down the NJAC Act and the 99th Constitutional Amendment as unconstitutional, effectively solidifying the collegium system! 👎️ The court held that the NJAC posed a threat to the independence of the judiciary and violated the basic structure of the Constitution. 🤯
THE FALLOUT: NEPOTISM ENTRENCHED
In the absence of meaningful reform, continuing family dynasties and judicial clans have become the norm in Indian judiciary. A ⛓️ 2020 report by The Vidhi Centre for Legal Policy identified 88 cases of alleged kin favouritism in judicial appointments since 1993, 🙃 perpetuating a lack of social diversity on the bench. 👩⚖️ As of 2019, women comprised a mere 10% of high court judges, spotlighting systemic barriers and biases preventing equal access to judicial positions.
In 2003, the Ahmadi Brothers were appointed to the Orissa High Court bench despite being nephews 👬 of the then-Chief Justice of India, raising questions about conflicts of interest and politicization of judicial appointments.
Efforts to curb the judiciary's unchecked power over appointments, such as the proposed National Judicial Appointments Commission (NJAC) in 2014, have been repeatedly thwarted, creating a 🔁 vicious cycle where the well-connected continue to thrive while the deserving candidates are looked past. 👥📉
PM MODI’S CALL FOR CLARION 🌞🗣️
In 2021, Prime Minister Narendra Modi voiced his concerns about the growing nepotism in all Indian institutions.
But will this clarion call be answered? 🔓⚖️
A NEW DAWN FOR INDIA’S JUDICIARY 🌅⚖️
The story of nepotism in India's judiciary is a tale of broken trust, shattered dreams, and the relentless pursuit of power. But it is also a story of hope, resilience, and the indomitable spirit of a nation that refuses to let injustice prevail. 💪🇮🇳
As India stands at the crossroads of its judicial destiny, the choices it makes now will echo through the ages. Will it choose the path of transparency, accountability, and merit, or will it succumb to the siren song of nepotism and favoritism? 🌄🤔
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