The appointment of judges in India has been a topic of controversy lately, with the dispute between the judiciary and the government over the elevation of homosexual rights activist Saurabh Kirpal to the Delhi high court. However, the Chief Justice of India (CJI), Justice DY Chandrachud, has made a statement emphasizing that “sexual orientation has nothing to do with a judge’s ability.”
Justice Chandrachud explained that the objections raised by the collegium were in pursuit of transparency and in the sincere belief that opening up the appointment process would foster greater confidence in citizens. The collegium system, where judges appoint judges to higher courts, was also defended by Justice UU Lalit, who referred to it as the “perfect system.”
The Union law minister Kiren Rijiju had criticized the selection process, claiming that under the Constitution, the government is responsible for appointing judges. However, former Chief Justice SA Bobde endorsed the primacy of the judiciary while also acknowledging the importance of the government’s position.
In summary, while there is ongoing debate about the appointment of judges in India, Justice Chandrachud and other legal experts have emphasized that sexual orientation should not be a factor in determining a judge’s ability, and that transparency and the collegium system are important for fostering public trust in the appointment process.
