Jurists support govt’s move to scrap collegium system
APPOINTMENTS But want judges to have greater say and participation in the judicial appointments commission proposed by the government
NEW DELHI: As the NDA government attempts to change the two-decadeold collegium system under which judges appoint judges, prominent jurists have supported the move, saying it would restore the much needed checks and balances in judicial appointments. However, they maintained the proposed judicial appointments commission should have majority of judges.
The collegium system, which came into existence after a Supreme Court verdict in 1993, has been under attack after former SC judge Markandey Katju wrote a blog, alleging three successive chief justices of India allowed a corrupt Madras HC judge to continue in office at the insistence of the UPA-I government.
Former attorney general Soli J Sorabjee said that the system must be replaced “because it has not been working satisfactorily”. However, he said the challenge is how to ensure that only able and independent persons are appointed One way to do it is to have a judicial appointments commission having five or seven persons. There should be more people with judicial background. Soli J Sorabjee, former
Attorney General
as judges.
“One way to do it,” he said, “is to have a judicial appointments commission having five or seven persons. But whatever the composition, there should be more people with judicial background.”
Eminent jurist Fali Nariman, who had argued for the collegium system in 1993, also admitted it has failed. “The executive must have a role in any system of judicial appointments,” he said. “But the preponderance must be that of the The executive should overrule the recommendation only in case the selected candidate fails on merits and the reasons for the rejection should be made known. AP Shah, Law Commission Chairman
judiciary, otherwise the judiciary as an institution will be gravely damaged.”
Echoing Nariman’s words, Law Commission chairman justice AP Shah said though the collegium system lacked checks and balances, the proposed judicial appointments commission should have a majority of judges and its recommendations should ordinarily be binding on the government.
“The executive should overrule the recommendation only in The preponderance must be that of the judiciary, otherwise the judiciary as an institution will be gravely damaged.
Fali Nariman, Jurist case the selected candidate fails on merits and the reasons for the rejection should be made known,” said Shah. “Judicial independence is paramount,” he added. Shah also said civil society should get representation in the commission.
The government has already started the process of consultation with various stakeholders and has written to all opposition leaders for their views on the Constitution Amendment Bill to replace the collegium system.