Archive · 24 Sep 2025
Flawed Judiciary Framework: Is True Independence Achievable?
Imagine the judges in a country, like India, are supposed to be totally fair and independent.
But this article says that's not quite true.
It's like pretending a toy is real.
The way judges are chosen and how they make decisions has problems.
Even though people try to fix these problems with new rules (like the NJAC), they don't really work because the main issue is not how the system works.
The author says the real problem is that the idea of an independent court comes from old times, when rulers wanted people to think judges were separate even if they weren't.
So, even if we make changes, the real problem stays.
They are holdovers from a large colonial State that rules from above.
The article critiques the Indian judicial system, especially the Collegium.
Author questions the concept of an independent judiciary as an illusion.
Historical context is used, tracing back to the British colonial era and the Federalist Papers.
Reform efforts, such as the NJAC, are deemed insufficient to address the core issue.
The fundamental problem lies in the judiciary's structure and origins.
- Who
- The author Arghya Sengupta discusses the Indian judicial system, the Collegium, and historical figures.
- What
- An analysis of the flaws in the framework of the Indian judiciary, particularly concerning the independence of judges.
- When
- The article refers to contemporary controversies and historical contexts, including the British colonial era and debates from the 1970s.
- Where
- Focusing on India, with references to Uganda and Tanzania in the context of a historical debate.
- Why
- To highlight the structural issues within the judiciary, arguing that true independence is an illusion and that reform efforts are insufficient.
Advocates of the Collegium System
Critics of the Collegium
Ensuring Judicial Independence
Advocates of the Collegium System
Supporters believe the Collegium system best protects judicial independence.
Critics of the Collegium
Critics contend that the Collegium is flawed and may not secure true independence.
Effectiveness of Reforms
Advocates of the Collegium System
Reform should focus on transparency and objective criteria within the existing system.
Critics of the Collegium
Emphasize reform and the need for a new model similar to the NJAC.
- Main Focus
- Critique of the Indian judicial system and the Collegium
- Key Issue
- Alleged illusion of an independent judiciary
- Central Argument
- Judicial independence is a myth rooted in colonial history
- Author
- Arghya Sengupta, Research Director