Hindustan Times (Delhi)

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

- Satya Prakash satya.prakash@hindustant­imes.com

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.

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 ??  ?? PM Modi along with President Pranab Mukherjee releasing a book in New Delhi on Saturday. HT
PM Modi along with President Pranab Mukherjee releasing a book in New Delhi on Saturday. HT

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