Judicial renaissance: Fix the way India selects and removes judges

We need a judicial service commission to let in sunlight and ensure a judiciary that upholds the rule of law for every citizen

- VIJAY L. KELKAR & PRADEEP S. MEHTA

India's judiciary, a public institution, is working under a secretive collegium system and a complex removal process which doesn't inspire public trust. Scandals like Justice Yashwant Varma's 2025 burnt currency note allegations fuel distrust. A Judicial Service Commission (JSC), inspired by South Africa and Kenya's transparent models, could regulate appointments and removals with oversight by the Rajya Sabha. We propose a bold JSC to end the 'uncle judge syndrome' and also rid India's judiciary of bad judges to deliver justice reliably.

India's flawed systems: The current collegium for judge selection, established through the 'Judges Cases' (1981-1998), redefined "consultation" under the Constitution's Article 124 as "concurrence," giving judges control over appointments to counter Emergency-era (1975-77) executive overreach. A 2015 Supreme Court ruling struck down the National Judicial Appointments Commission (NJAC) Act, which proposed a selection panel that would include the Chief Justice of India (CJI), law minister, judges and eminent persons, preserving judicial primacy. Justice Chelameswar's 2015 dissent highlighted the collegium's opacity: no records, irregular meetings and leaks.

Judge removal is nearly impossible under Articles 124(4) and 218, requiring a motion moved by 100 Lok Sabha or 50 Rajya Sabha members, an inquiry and a two-thirds majority in both Houses for "proved misbehaviour or incapacity." Only two judges—V. Ramaswami and Soumitra Sen—have faced such a motion in India so far and both resigned before the process was completed.