The introduction of the collegium system to appoint judges has been a great blow to the independence of the judiciary, senior Supreme Court advocate Sanjay Hegde has said.
“We probably had more independent judges when politicians appointed them than we have today, when judges began appointing judges,” said Mr. Hegde, who was speaking at a discussion on ‘Is the independence of the Indian judicial system in peril?’ organised by the Kerala chapter of Pravasi Legal Cell, an NGO, on Sunday.
“The greatest internal killer is the creeping bureaucratisation of the judiciary,” he said. “When judges are judged by judges, imperfect standards, ancient animosities and current friendships play a part in the judicial calculus.”
“We are in greater peril today since we have a government which has an overwhelming majority and it would like its judges to comply with its ideology. Those who rule against the government of the day are likely to face consequences like transfers or delay in appointments,” he said.
Former Kerala High Court judge C.S. Rajan concurred that the challenge to the judiciary was internal. “A strong Chief Justice will never toe the politician’s line,” he said.
“The collegium system is not in conformity with the provisions of the constitution and does not help to maintain the independence of the judiciary,” said P.K. Shamsuddin, former Kerala High Court judge.
