New Delhi, Oct 1 (PTI) Concerns raised in different quarters, including by the government, relating to the functioning of the Supreme Court collegium system cannot be ignored or brushed aside, former Chief Justice N V Ramana said on Saturday.
The ex-CJI said the Supreme Court passed a series of judgments declaring the collegium system necessary to ensure the independence of the judiciary, but added that the judiciary is merely one of the many players involved in the process.
Ramana also said the absence of an institutional mechanism to ensure diversity on the Bench in the judiciary is a problem.
He was speaking online on the topic “Cultural Diversity and the Legal Profession” at the National Cultural Diversity Summit of Asian Australian Lawyers’ Association Inc.
In India, the appointment of judges to high courts and the Supreme Court takes place through the ‘Collegium system’ in which five senior-most judges of the top court have full power to decide on who must be appointed to the judiciary, the former CJI noted.
“The Supreme Court passed a series of judgments declaring the ‘Collegium system’ to be necessary to ensure the independence of the judiciary and to exclude the influence of the executive. However, the fact is that the judiciary is merely one of the many players involved in the process.
“Many authorities are involved, including the state or central Government, as the case may be. There have been various concerns raised in different quarters, including by the Government, lawyers’ groups and civil society, relating to the functioning of the collegium system in India. These cannot be ignored or brushed aside, and definitely merit consideration,” Ramana said.
Last month, Law and Justice Minister Kiren Rijiju suggested there is a need to rethink the collegium system to expedite the process of appointment in the higher judiciary as there are concerns about the existing process.
“The system which is in place is causing trouble and everyone knows it,” he had said.
The NDA government had in 2014 tried to change the system of appointing judges. The National Judicial Appointments Commission (NJAC) Act brought in 2014 would have accorded a major role to the executive in appointing judges to the higher judiciary. But it was struck down by the Supreme Court in 2015.
On Saturday, Ramana said the diversity on the Bench leads to a diversity of opinions, “one that is built upon their different experiences in the world”.
“They may have a more nuanced understanding of the differing impacts that particular legislation or judgment may have on different communities or sections of the society.
“But beyond that, representation on the Bench has the important feature of making people feel like insiders within the system and not outsiders whose fate is being decided by someone unconnected. It has an important ‘signalling’ effect,” he said.
Ramana said he attempted to ensure the appointment of judges from diverse backgrounds.
“During my time as the Chief Justice of India, I tried to ensure diverse representation on the Bench through the recommendations we sent. Almost all the recommendations made by us were cleared by the Government of India.
“I can proudly state that our recommendations resulted in the appointment of the greatest number of women judges on the Bench in the Supreme Court of India at any one point of time. India is also slated to get her first woman Chief Justice of India,” he said. PTI PKS RT RT RT
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