Justice Rajendra Mal Lodha was on Sunday sworn in as the 41st Chief Justice of India by President Pranab Mukherjee at a brief function held in the Durbar Hall of Rashtrapathi Bhavan.
He succeeds Justice P. Sathasivam, who demitted office on April 26. Justice Lodha will have a brief tenure of five months till September 27.
Speaking to journalists in the Supreme Court, he said: “Earlier, judiciary was not visible, now it is visible. My mantra is to appoint good judges and the rest will follow. If we have good judges, then in about seven or eight years we will have an entirely different complexion of judiciary.” Among those who attended the swearing-in ceremony were Prime Minister Manmohan Singh, Vice-President Hamid Ansari; outgoing CJI P. Sathasivam, several other former CJIs, retired apex court judges, Union Ministers A.K. Antony, Kapil Sibal, Salman Khurshid, Supreme Court Bar Association president P.H. Parekh, International Council of Jurists Chairman, Adish C. Agarwala, Solicitor-General Mohan Parasaran, other senior lawyers and family members of Justice Lodha.
Justice Rajendra Mal Lodha, who was appointed the Chief Justice of India on Sunday, said his top priority would be to appoint judges with impeccable character so that judicial institutions run smoothly.
“I am bringing more transparency and wider consultation in the appointment of judges. Consultations will be done with judges outside the collegium and with two or three senior lawyers of impeccable integrity. I will be writing to all Chief Justices of High Courts in this regard,” the Chief Justice said.
Asked whether such a procedure would go against the collegium system for selection and appointment of judges contemplated in the apex court judgment, Chief Justice Lodha made it clear that wider consultation “does not in any manner mean” that he was making any departure from the collegium system.”
“Wider consultation is only for additional inputs. There is no tinkering with the memorandum of procedure prescribed by the Ministry of Law. Other than the collegium system, there is no other suitable system.”
On the representation of women and other unrepresented communities in the judges’ selection, he said, “Judiciary knows no class, caste, majority or minority and we have to maintain balance. In every community, talent is available. Why can’t a High Court Chief Justice spot a talented lawyer in the age group of 40-47 and watch his conduct in the court for one or two years for appointment?”
On the issue of judges’ relatives practising in the same High Court, the Chief Justice said, “There is nothing that a judge can do in such matters. The Bar Council of India has the disciplinary control over the members. It is for the BCI to take action. What can a judge do if some lawyers do not adhere to ethics? Rules are there and bar has to take action. Unfortunately, the Bar is not playing the role it has to and unfortunately we are blamed.”
‘Not for fixed tenure’
On the need for a fixed tenure for the CJIs, he said: “My view will be little different on the issue. This institution works on discipline. The fixed tenure is bound to affect the next member. If there is a fixed tenure for the CJI, then the legitimate expectations of other judges would be taken away. The average tenure of Supreme Court judges is less than four years then how do you expect a fixed tenure of two years for the CJI?”
On the allegation of ‘bench hunting’ by some lawyers, he said it could not be tolerated and the Bar should be vigilant. The three organs — executive, legislature and judiciary — must work within their limits. He agreed that there was some friction. There was nothing wrong in it, but it “shouldn’t cross the limit. Some matters will have an impact on government policies, but that doesn’t mean court is taking over policies.”
On allegations of sexual harassment in judiciary, Justice Lodha said, “Every act which is not good for society is not good for judiciary also. It is bound to dent the image and judiciary must behave in a manner expected of it.”
Justice Lodha became a judge of the Rajasthan High Court on January 31, 1994. In February 1994, he was transferred to the Bombay High Court , where he served for 13 years. He returned to the Rajasthan High Court in February 2007 and became the Chief Justice of Patna High Court a year later in May 2008 and was then elevated to the Supreme Court in December 2008.
Landmark judgments
Over the last five years, he has rendered several landmark judgments. He banned over-the-counter sale of acid at retail outlets and ordered a compensation of Rs. 3 lakh for each acid attack victim. He also ordered that trial courts must complete trials in corruption cases against sitting MPs and MLAs within a year.
He had also rejected a plea by former Army Chief V.K. Singh to accept his date of birth as May 10, 1951, instead of May 10, 1950. Justice Lodha also headed the three-member panel which enquired into the allegations of a law intern against former Supreme Court judge A.K. Ganguly.
