Allegations against Rajasthan HC Acting CJ highlight judicial accountability and Collegium system flaws
Contents4
The Hindu - Opinion · 7 Sept 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance
Serious allegations of misconduct against Rajasthan High Court's Acting Chief Justice Sanjeev Prakash Sharma, including nepotism and case manipulation, underscore systemic issues in judicial appointments and accountability mechanisms.
Key points
Collegium System: The controversy exposes flaws in judicial appointments, with Justice Sharma's controversial transfers and repatriation raising questions about the Collegium's decision-making process.
Master of Roster: Allegations of improper case allocation highlight concerns about abuse of this administrative power vested in High Court Chief Justices.
Judges (Inquiry) Act, 1968: The case demonstrates the inadequacy of current mechanisms to address judicial misconduct, with no action taken despite Supreme Court Justice Mehta's letters.
K. Veeraswami vs Union of India (1991): The precedent requiring CJI permission to investigate judges creates practical barriers to probing judicial corruption.
[GS2-Governance] The Rajasthan High Court lawyers' protest reflects growing public distrust in judicial institutions, a governance challenge requiring urgent reforms.
Acting Chief Justice: The prolonged 11-month tenure without a regular appointment violates the spirit of institutional stability in higher judiciary.
Transparency International: Reports identifying judiciary as corrupt reinforce the need for structural reforms beyond individual cases.
[GS4-Ethics] The allegations raise fundamental questions about judicial ethics, integrity, and the moral responsibility of judges in upholding rule of law.
Way Forward: Establish an independent judicial complaints commission, introduce transparent criteria for judicial appointments, amend the Judges (Inquiry) Act for timely misconduct investigations, and implement fixed tenures for Acting Chief Justices to prevent abuse of power.
Key terms
- Acting Chief Justice
- A temporary appointment when the regular Chief Justice is absent or the position is vacant. Prolonged acting appointments undermine judicial independence and institutional stability, as seen in Rajasthan HC's 11-month vacancy, contrary to constitutional ideals of an independent judiciary.
- Collegium System
- The system of judicial appointments where a panel of senior judges (Collegium) recommends appointments and transfers of judges to the President. Criticized for opacity and lack of objective criteria, it was established through the Three Judges Cases (1981, 1993, 1998) and remains a contentious issue in judicial reforms.
- Master of Roster
- The administrative power vested in the Chief Justice of a court to allocate cases to different benches. While intended for efficient court management, it has been criticized for potential abuse in 'bench-fixing' or influencing case outcomes, as highlighted in the 2017 Supreme Court controversy.
- Judges (Inquiry) Act, 1968
- Legislation providing the procedure for investigation into allegations of misconduct against higher judiciary judges. Largely ineffective due to cumbersome procedures and political sensitivities, it was intended to be replaced by the Judicial Standards and Accountability Bill (2010) which lapsed.
Practice question
The recent allegations against Rajasthan High Court's Acting Chief Justice have brought to light systemic issues in judicial accountability and the Collegium system. Critically examine the challenges in ensuring judicial accountability in India and suggest reforms needed to strengthen the system. (250 words, 15 marks)
GS2 15 marks 250 words Mains
Key terms to include: Collegium System Master of Roster Judges (Inquiry) Act, 1968 K. Veeraswami judgment Acting Chief Justice Judicial independence NJAC Judicial Standards and Accountability Bill
Answer framework
Introduction
Briefly introduce the context of allegations against Rajasthan HC Acting CJ and link it to broader issues of judicial accountability and Collegium system flaws.
Flaws in Collegium System
Opacity in appointments and transfers leading to controversies like Justice Sharma's case
Lack of objective criteria and transparency in selection process
Impact on judicial independence and public trust
Accountability Mechanisms
Inadequacy of Judges (Inquiry) Act, 1968 in addressing misconduct
Barriers created by K. Veeraswami judgment requiring CJI permission for investigations
Absence of effective internal oversight mechanisms
Administrative Challenges
Abuse of 'Master of Roster' powers in case allocation
Issues with prolonged acting appointments undermining institutional stability
Lack of fixed tenure norms for acting Chief Justices
Suggested Reforms
Establishment of independent judicial complaints commission
Transparent criteria for judicial appointments and transfers
Amendment to Judges (Inquiry) Act for timely misconduct investigations
Fixed tenure norms for acting Chief Justices
Conclusion
Emphasize the need for balanced reforms that preserve judicial independence while ensuring accountability, possibly referencing the NJAC experience and way forward.
Fact check
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