Collegium System

Collegium System

Collegium System

Rashtriya Lok Morcha (RLM), under the leadership of Upendra Kushwaha, has consistently raised concerns about the Collegium System of judicial appointments in India, particularly its implications for Bihar. The party argues that the current structure is opaque, undemocratic, and fails to represent marginalized communities effectively. For Bihar, a state with a significant population of Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs)—RLM believes that the lack of representation in judicial appointments directly impacts social justice and fair legal representation.

Understanding the Collegium System and Its Challenges

The Collegium System, established through judicial precedence, is responsible for the appointment and transfer of judges in the Supreme Court and High Courts. It consists of the Chief Justice of India and a group of senior judges. While it was designed to ensure the judiciary's independence from political influence, RLM argues that it has evolved into a system lacking transparency and accountability, particularly for states like Bihar where the socio-economic landscape is deeply intertwined with caste and community representation.

RLM believes that Bihar's marginalized communities remain largely unrepresented in the higher judiciary. This underrepresentation is not just symbolic but affects judicial outcomes, access to fair trials, and the interpretation of laws that impact disadvantaged sections of society. The party advocates for reforms that would allow for more inclusive representation in the judiciary, ensuring that voices from backward communities are adequately heard.

RLM's Stand on Judicial Reforms in Bihar

Upendra Kushwaha and RLM have been vocal in demanding transparency and inclusivity in the judicial appointment process. According to RLM, the current Collegium System centralizes decision-making in the hands of a few, sidelining the diverse voices that make up Bihar's population. The party demands:

  1. Reservation in Judicial Appointments: Just as reservation policies exist in education and government jobs, RLM advocates for similar measures in judicial appointments to uplift marginalized communities in Bihar.
  2. State-Level Representation: RLM calls for more judges to be appointed from Bihar's local judiciary to reflect the unique socio-economic challenges faced by its citizens.
  3. Public Accountability: RLM believes that the judicial appointment process should be more transparent and open to public scrutiny to avoid favouritism and bias.
Impact on Bihar's Justice System

The lack of representation in the judiciary has a direct impact on Bihar's justice system. RLM argues that marginalized communities often do not receive fair treatment in legal disputes, leading to prolonged cases and unresolved grievances. By challenging the Collegium System, RLM aims to bring judicial reforms that are more inclusive and just for Bihar’s population.

Further, the party envisions a judiciary where local issues are better understood and adjudicated. Bihar's unique socio-economic landscape demands judges who are familiar with local challenges, and RLM sees local representation as the key to achieving this.

Path to Equitable Justice in Bihar

Rashtriya Lok Morcha believes that judicial reform is crucial for Bihar's development. By ensuring fair representation of marginalized communities in the judiciary, the state can move towards greater social justice and equitable governance. Delays in legal proceedings, biased judgments, and lack of access to legal recourse are issues that RLM seeks to address through its stance against the Collegium System.

RLM envisions a Bihar where justice is accessible, fair, and representative of its diverse population. The party’s call for judicial reforms is not just a political statement but a step towards achieving a more balanced and inclusive legal system in Bihar.

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