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HomeIndiaGovernanceChelameswar continues crusade post-retirement, says every govt wants tailor-made judiciary

Chelameswar continues crusade post-retirement, says every govt wants tailor-made judiciary

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Retired Justice Chelameswar, who led the judges’ revolt against former CJI Dipak Misra, also said a multiple-bench Supreme Court created uncertainty in law.

New Delhi: Every government makes attempts at controlling the judiciary. In India and abroad, governments like a ‘tailor-made’ judicial system, but some are subtle and sophisticated about it.

These were the thoughts put forth by former Supreme Court judge Jasti Chelameswar while delivering the second annual Vidhi Lecture on the topic ‘From darkness to light: Thoughts on transparency in judicial administration’.

Chelameswar, who led the unprecedented press conference by four Supreme Court judges against then-Chief Justice of India Dipak Misra in January last year, also observed that the very structure of the top court is problematic — multiple benches in the Supreme Court create uncertainty in law.


Also read: Hitler wasn’t permanent & neither is this phase in Indian Supreme Court: Jasti Chelameswar


Collegium transparency

Stressing on transparency in the appointment of judges, Chelameswar said all judges in the collegium must be aware of the decisions taken by the Chief Justice of India. However, he clarified that not every decision needed to be made public.

He was referring to former CJI Misra’s decision to publish collegium decisions online. Chelameswar, who retired in June, opined that when a collegium recommended judges for elevation or transfer, the reasons behind the decision needed to be recorded.

“If it’s a matter of a simple yes or no, then one can simply do it via circulation… There is no point in attending meetings if a judge does not discuss reasons of why he is rejecting a recommendation,” he said.

Chelameswar was referring to the controversy over his decision to stop attending collegium meetings. In September 2016, he had sent a communication to then-CJI T.S. Thakur, expressing his decision to opt out of collegium meetings.

On NJAC

In 2015, Justice Chelameswar was the sole dissenter and ruled in favour of the National Judicial Appointments Commission (NJAC). He argued the collegium system had become a “euphemism for nepotism”.

At Tuesday’s event, Chelameswar said the collegium system had been unofficial practice for many years before it got official judicial sanction. Even the NJAC bench agreed that the system needed modification, more transparency and fine-tuning, he said.

The NJAC was a constitutional body proposed to replace the collegium system, comprising the five senior-most Supreme Court judges.

On ‘master of the roster’

Referring to the judgment where former CJI Dipak Misra asserted his authority as the ‘master of the roster’, Chelameswar added that such unbridled power in one individual was an issue.

He also spoke about the medical college scam that rocked the Supreme Court, revealing that only CJI Misra was given a copy of the in-house inquiry report into Allahabad High Court judge S.N. Shukla.

Chelameswar said the report was not shared with the rest of the collegium, and even as a senior judge and a member of the collegium, he was not privy to its contents. “No one knows, and if someone in the audience knows, please share,” he said in jest.

“What is the secrecy that only one judge should know?” he asked.


Also read: What happens when corruption scandals hit the Supreme Court? Nothing


Under pressure

The former judge confessed that once he started speaking out, he was under immense pressure, and that there was a mischievous campaign against him with rumours that he wanted to grab power.

“I am retired now. There is nothing to grab,” he said, pointing at his earlier statement that he would not take up any government jobs.

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5 COMMENTS

  1. Mr.Chalameswar knows very well the preroragative on the part of the CJI and the “The master of the roster”. It is not the DEEPAK MISHRA but CJI is the the ring master as far as administration is concerned. It is not a new policy initiated by DEEPAKJI.
    AS Mr.Chalameswar has said, he worked under CJI Mr. Thakur. Why did he not raise the issues at that time,and act trade union activism during DEEPAKJI.
    THERW IS A SAYING IN TELUGU, of course it would be there in other languages. The proverb says, once a female becomes old, starts discourses on “piousness”. First of all Mr.Chalameswar’s credintals are highly doubtful. I came across during these comments , there were allegations against his judgement in a case when he was judge in the district course. Unless fire is not there, smoke never comes out. So ,the day Mr.Daniel Raja of CPI WAS WITH YOU DURING YOUR TRADE UNION ACTIVITY ALONG WITH OTHER 3 Judges.
    Piousness has to come out spontaneously at every situation without hide and seek. If one wants to act piously, it disappears just like a cloud .
    I have observing some media like “The Print” trying to malign BJP government. But the judiciary system under CONGRESS RULE WAS IGNIMINIOUS . IN CASE OF COMMUNIST RULE, “A GUN IS THE CHIEF OF JUDICIARY IN THAT COUNTRY”.

  2. I had highest esteem for this retired judge, till he hobnobed with politicians. Finally, he lost my esteem altogether when he overturned the verdict of the lower court and set Sidhu free with a fine of Rs 1000 only though Shidhu committed culpable homicide not amounting to murder. Subsequently Sidhu thanked Sonia. Chalemeswaram was exposed. And now he is giving sermons. Shame on him

  3. Most judges want their club to be protected.
    Chalameswar was different.
    We had committed judiciary.
    When asked to bend they crawl.
    Judge selection method must change

  4. Why Justice Chalmeshwar kept his mouth shut whole life and opened when Modi’s term.When people like Chidambaram get their cases multiple times waiting for Congress to come to power FIRST the court system has to b changed.

  5. The Collegium is the best thing to have happened. Absent it, the apex court would have been little different from so many other unremarkable institutions that dot the landscape of our public life. The armed forces too are showing a little stress now.

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