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Updated: June 30, 2013 01:56 IST

Collegium system fine, says CJI-designate

J. Venkatesan
Comment (6)   ·   print   ·   T  T  
Justice P. Sathasivam
Justice P. Sathasivam

He does not agree with the government’s proposal to set up a National Judicial Commission for appointing judges to the Supreme Court and the High Courts.

The seniormost Supreme Court judge, P. Sathasivam, appointed as the next Chief Justice of India on Saturday, has justified the collegium system of appointment of judges. He does not agree with the government’s proposal to set up a National Judicial Commission for appointing judges to the Supreme Court and the High Courts. Speaking to The Hindu, Justice Sathasivam said the collegium system was working well. “Even if certain deficiencies are there, the same can be eliminated by adhering to the time schedules in the procedure of appointments.”

Asked about Law Minister Kapil Sibal’s statement that the government wanted to review the system as it had no say in appointments, he said: “It cannot be claimed that the government has no role in the appointment of judges. The setting up of a National Judicial Commission will not solve the problem.”

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Speaking to The Hindu, Justice Sathasivam said the collegium system was working well. ?Even if certain deficiencies are there, the same can be eliminated by adhering to the time schedules in the procedure of appointments.?

from:  Atul
Posted on: Jul 1, 2013 at 05:50 IST

The current "collegiate" system for selecting judges reeks of cronyism
and nepotism. It has become a self perpetuating closed cabal of people
who select new entrants based on their fealty to the group rather than
any great judicial acumen, intellectual integrity or legal
scholarship. The net result is the very high premium placed on
conformity with the status quo. Sathasivam is a product and
beneficiary of this anachronistic system. No wonder he supports its
continuance. The Government must ignore his view and set up a judicial
commission to recommend better ways to select judges of High Courts
and the Supreme Court.

from:  Espad
Posted on: Jun 30, 2013 at 17:46 IST

With due respect to the Indian judiciary which is construed as one of
the prestigious and reverent judicial institutions worldwide I wish to
submit my opinion on collegium system.
While a general reading of the Article:124(2) of the Indian
Constitution to comprehend it would never end up in interpreting it in
such a way that the Judges of the Supreme Court are to be compulsorily
consulted without the equivalent importance to the Judges of the High
Court and of the opinion of the President.However generalist view and
subject matter expert views would differ.Nevertheless it is also
informed that in no democratic society the judiciary itself seems to
be vested with the authority to appoint its judges at the higher
levels without due consideration to the executives who are the actual
representatives of people. Does it not derogate the Constitution and
its checks and balances?The SC seems to have rejected a PIL related to
this system questioning the ground of public interest in it.

from:  RAJEEV GANTH
Posted on: Jun 30, 2013 at 15:23 IST

India is the only country in the world where judges appoint judges. If Indian judicial system has to progress, this system must be changed.

from:  Shyam
Posted on: Jun 30, 2013 at 13:17 IST

Yes, it is meaningless to say that govt have not any role in appointment of judges of SC and HC , bcz in existing collegium system our honourable President is major part in the decision who is working through suggestion and recommendation of Council of Ministers. So it is clearly evident that govt have its own participation in this subject. Proposed system by Union Law Minister can only affect juducial indipendency and juduciary will become only political toy in future...

from:  Sandeep Singh
Posted on: Jun 30, 2013 at 07:05 IST

Of the three branches of the government, executive, legislature and
judiciary, currently judiciary seems to be the only one which seems to
be working somewhat and probably what is holding the other two from
making the current state of affairs worse. That probably is what is
scaring the current government so much that they want to ruin this
system too. The Election Commission and Army too have seen their share
of controversies once the government got involved in appointments.
Isn't the Congress government satisfied with how much they've ruined
the country? Let the judiciary do its job, there are plenty of things
that need to be fixed other than the appointment of judges, increase
the bench strength, put up more courts to expedite the cases, but that
they don't seem to be interested in doing.

from:  Praneeth
Posted on: Jun 30, 2013 at 06:21 IST
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