Collegium system which has been followed by the Indian Judiciary for appointing judges to the High Courts as well as to the Supreme Court in India, is a fool proof mechanism.The former Former Chief Justice of India (CJI) UU Lalit said while he was talking to media personnel during a session.
The former CJI said that lately the Union Law Minister has spoken against the Collegium system but that cannot be taken on board, as it can only be seen as his own understanding or opinion.
Justice UU Lalit said that the Collegium is established norm . He added that the collegium system have got the approval of five judges bench of the Supreme Court.
During his meeting with media, the former CJI touched on various issues including Collegium.
“The Ex CJI said that the system of Collegium is a system where judges choosing a successor and is an established norm.
Talking further he said that there may be few changes to accommodate but we cannot go beyond established norms.
The ex-CJI said many people do not know how the system like collegium, which is fool proof works.He added that judges select a judge who is often from other States and thus that check is there.
He added that there are Intelligence Bureau reports which are gone through before such important decisions, also there are several other checks and balances too.
Talking about why the reasons for not appointing a candidate is not given. The former CJI said that rejection sounds negative to every person.The reasons are sometimes official, confidential and income criteria also. Putting reasons in public is critical for their careers.
On the transparency in collegium, CJI said that by nature, proceedings cannot be transparent like collecting information for vacancies and having a number of candidates. what is transparent for sure is the decision.
While talking about the Social media and reporting of oral observations by judges, The former CJI said that when while the case is been decided, the judge questions, cross questions, and elicits an answer for the question he has, but unfortunately some of the intermediary comments are picked up and payed in media ,it is the responsibility of social media to be responsible.
While speaking on the recent withdrawal by a senior counsel from Karnataka for judgeship, Justice Lalit said his level of patience was breached and it was almost a year, so he withdrew his name,the system albeit got deprived of one talent.
The most sought question about pendency of cases,the former CJI said that arrears will keep on increasing and you have to reduce it. For example, tax matters, you have to see that issue is decided and connected cases will get disposed of. This is the cyclic reaction.
Further, he said that unknown to many top court is not made for regular statutory appeals, and he believes the way of change is to bring it under Article 136.”
Last but not anyway unimportant, the adequate representation of women judges in the judiciary was questioned. The Former CJI said that Lady judges must be given preference for adequate representation across the board, but unfortunately are very less women practitioners and thus lowest strata (of judiciary) has to be encouraged.
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