Judiciary needs revamp: Former Attorney General Of India Rohatgi highlights flaws in appointments, removals

Following the controversy surrounding Justice Yashwant Varma, former Attorney General of India and distinguished senior lawyer Mukul Rohatgi emphasized the urgent need to overhaul the judiciary’s systems, including processes for appointments, discipline, and removals.

He highlighted that the current removal process through impeachment is excessively complex, evidenced by the fact that not a single impeachment has occurred in the past 75 years.

Rohatgi stated that the judicial appointment system also requires significant reform. He pointed out that while the government introduced the National Judicial Appointments Commission (NJAC) to enhance transparency in judicial appointments, the Supreme Court struck it down, seemingly to retain its control over the process.
According to him, the current system, where judges appoint judges, lacks transparency. He suggested involving external stakeholders, such as renowned jurists, artists, public figures, and opposition leaders, to ensure a more balanced and open process.

He further criticized the existing practice where a small group of individuals decides which judge is assigned to which High Court, calling for greater inclusivity and accountability.

On the issue of removals, Rohatgi stressed that the impeachment procedure is overly complicated and needs simplification. He urged the judiciary and Parliament to collaborate with relevant stakeholders to reconsider the removal process and improve the system for greater transparency and efficiency.