Collegium system should be reviewed: Ex-SC judge Sikri
NEW DELHI: Former Supreme Court judge AK Sikri has called for reconsideration of the collegium system, saying selections under it are often made based on “impression” and has resulted in the elevation of undeserving judges to the higher judiciary and omission of deserving candidates.
“As far as the collegium system is concerned, it needs to be reconsidered. India is the only country where judges appoint judges,” he said at the launch of constitutional expert Chintan Chandrachud’s book ‘The Cases that India Forgot’ on landmark judgments of the Supreme Court and high courts which are no longer in public memory despite their significant implications.
In countries like the US, the Senate confirms federal judges after the President nominates them.
Sikri, who served as the Supreme Court judge from 2013 to 2019, said the state of things has to be rectified. “Let me be very blunt and frank. Most times, we [collegium] go by our impression when appointing judges...”
He said it may not involve a scientific study made about a particular candidate. “Therefore, many times those who are taken may not be deserving and many times those who are deserving might be left out. That needs to be taken care of,” he said.
Sikri was a part of the fivejudge collegium, which recommends names for appointments to the higher judiciary, from June 2018 to March 2019.
He said the collegium system may be the best on paper going by Indian conditions but its working leaves a lot to be desired. He pointed out Justice DY Chandrachud, in two of his judgments, “subtly” indicated the collegium system might not be working effectively and might need changes.
The Supreme Court evolved the collegium system through a 1993 judgment when it held the Chief Justice of India (CJI)’s opinion will have primacy over the opinion of the government with regard to the appointment of judges. This effectively led to a system wherein the collegium of senior-most justices picks judges for the higher judiciary.
In 2015, Parliament enacted the National Judicial Appointments Commission (NJAC) Act to mark a significant shift in the manner of the appointment of judges.
The NJAC Act sought to replace the collegium system by providing for a body comprising representatives from both the judiciary and the Centre to make recommendations for the appointment of judges to the higher judiciary. The Supreme Court struck down the NJAC Act in October 2015 and held that the collegium system would continue.