In what ways does the delay in judicial appointments affect the independence and effectiveness of the judiciary?

Lawyers are reportedly withdrawing consent to become High Court judges due to delays and segregation by the government. I want to understand how such delays might impact the judiciary’s functioning and its independence.
Delays in judicial appointments have become a significant concern in India, impacting both the independence and effectiveness of the judiciary. When the process of appointing judges is slow or influenced by external factors, it can undermine public trust and hinder the smooth functioning of courts.
  • Increased Pendency of Cases: Vacancies due to delayed appointments lead to a higher workload for existing judges, resulting in a backlog of cases and slower delivery of justice.
  • Reduced Quality of Justice: Overburdened judges may not be able to devote adequate time to each case, affecting the quality and depth of judicial decisions.
  • Discouragement of Meritorious Candidates: Repeated delays and lack of transparency can discourage talented lawyers from accepting judgeship, leading to a potential decline in the quality of judicial appointments.
  • Threat to Judicial Independence: If the executive delays or selectively approves appointments, it may be perceived as interference, undermining the judiciary’s autonomy and its ability to act as a check on other branches of government.
  • Loss of Public Confidence: Persistent vacancies and slow appointments can erode public trust in the judiciary’s ability to deliver timely and impartial justice.
  • Administrative Inefficiency: Inadequate strength of judges affects the management of courts, delays administrative decisions, and hampers the implementation of judicial reforms.
Answered a month ago
Mohit Aspirants