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CJI justifies collegium system for appointment

J. Venkatesan

New Delhi: Justifying the present system of appointment of judges by selection by a collegium of judges, Chief Justice of India K.G. Balakrishnan on Thursday made it clear that judiciary was not opposed to any change in the procedure by enactment of law.

In his Law Day address at the Supreme Court Bar Association (SCBA), the CJI said that “at present we are strictly following the Supreme Court judgments and the Constitution in the appointment of judges to the higher judiciary. We are not opposed to any change in the procedure. If Parliament brings [in] a law and if it is good for the country and the judiciary, we welcome it and we will accept it.”

The CJI was responding to the comments made earlier by SCBA president M.N. Krishnamani suggesting constitution of a National Judicial Commission for appointing judges on the ground that the collegium system had miserably failed.

Union Law Minister Veerappa Moily said steps were being taken to ensure that a case was disposed of in three years from the date of institution. Pointing out that large number of undertrials were languishing in prisons, he said it had been proposed to bring down the number by 2/3rd within six months.

Mr. Krishnamani wanted Mr. Moily to consider changes in the procedure of appointment of judges. He said initially a Search Committee could be formed for selection of judges.

Attorney-General G.E. Vahanvati suggested fixing time limit for oral arguments in final hearing matters as was being done in the U.S. and other countries.

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