Senior Advocate Dushyant Dave questions the functioning of Collegium

In a recent interview with the legal news platform LiveLaw, Senior Advocate Dushyant Dave triggered a debate over the Collegium system responsible for judicial appointments in India.

Dave, known for his outspoken views on judicial matters, criticized the system for failing to appoint deserving judges and allowing interference from the executive branch.

Dave highlighted what he perceives as a worrying trend: the failure of the Collegium to effectively counter the executive's disregard for its recommendations. He pointed out instances where the government has selectively accepted or ignored Collegium resolutions, particularly in the appointment and transfer of judges.

"The Collegium system is not functioning properly," Dave remarked, emphasizing that the judiciary's lack of response to executive overreach undermines its independence and integrity. He suggested that there might be a compromise between the Collegium and the Executive, leading to a breakdown in the system's efficacy.

Dave's concerns come in the wake of a recent Supreme Court expression of disapproval regarding the government's 'pick and choose' approach in judicial appointments. He cited specific cases, including the delayed notification of the transfer of four Gujarat High Court judges, as evidence of executive interference and the Collegium's perceived inaction.

Moreover, Dave lamented the alleged neglect of eminent judges like S. Muralidhar and Justice Akil Kureshi for elevation, suggesting that the Collegium's decisions have allowed deserving candidates to be overlooked, ultimately harming the institution of the judiciary.

While acknowledging the presence of excellent judges, Dave argued that questionable appointments and the Collegium's apparent inefficiency are tarnishing the judiciary's reputation and inviting accusations of corruption.