38.6c New Delhi, India, Friday, March 29, 2024
Judiciary

Collegium system indispensable for independence of judiciary, Rule of Law: Ex CJI Lalit

By LawStreet News Network      14 November, 2022 08:57 PM      0 Comments
Collegium system indispensable for independence of judiciary, Rule of Law: Ex CJI Lalit

NEW DELHI: Former Chief Justice India U U Lalit had said the Collegium system is indispensable for the independence of judiciary and the rule of law while asserting that the current mechanism for appointment for High Courts and the Supreme Court judges is here to stay.

"In fact, the Supreme Court found the National Judicial Appointment Commission Act (passed by the Narendra Modi in previous term) to be unconstitutional. If the govt attempts to bring in the NJAC again, that is their prerogative. But so long as that is not brought in, we will have to follow the established mechanism," he said.

Justice Lalit, who demitted office as the 49 th CJI on November 9 after a brief tenure of 74 days, was interacting with media persons at his residence here.

Maintaining that there are enough checks and balances in the Collegium system, he said it is perfect and does not require any any fine tuning.

Justice Lalit also felt the secretariat, established at Supreme Court as per the NJAC judgement, has to be made functional fully as it would bring in more accountability.

Notably, Law Minister Kiren Rijiju has recently termed the Collegium system as opaque. He also said judges spent half of their times in deciding who are to be appointed as judges, instead of delivering justice.

In his response, Justice Lalit said the Collegium system is as of now an established norm after the judicial approval by the Constitution benches. His (Minister's) comments are his personal opinion, he said.

"The Collegium system is foolproof. There are enough checks and balances. Collegium judges selecting a judge is often from other states and thus there is a check. Then there is Intelligence Bureau reports , then SC collegium looks at it," he said.

"The Chief Justice coming from outside is the best guarantee since he will only see talent in the High Court. That is why Chief Justices in HC are from outside the states," he added.

Justice Lalit also said he felt no disappointment for not being able to appoint a single judge in the Supreme Court.

The recommendation by the Collegium to elevate Bombay High Court's Chief Justice Dipankar Dutta in September is yet to be cleared by the Union government.

Justice Lalit as Collegium head also recommended four names for elevation to the Supreme Court but it did not materialise as two members of the Collegium namely Justices D Y Chandrachud and S Abdul Nazeer opposed the process of proposing the names through circulation.

Replying to criticism faced by him on setting up a bench on Saturday, a court holiday, to hear an appeal against discharge of former DU Professor G N Saibaba in Maoist link case, the former CJI said he had formed the bench after a number of judges, he spoke to personally, were not available.

"I had told no judges as to what the case was and what relief was being sought. What social media is trying to project that it was well thought it is not at all so," he said, adding, "What happens before a particular bench is not in my control."



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

arvind-kejriwals-plea-for-interim-release-rejected-by-delhi-high-court
Trending Judiciary
Arvind Kejriwal's plea for interim release rejected by Delhi High Court [Read Order]

Delhi High Court rejects Arvind Kejriwal's plea for interim release in money laundering case related to liquor policy scam, pending ED's response.

28 March, 2024 10:50 AM
youtuber-strings-plea-against-youtube-accounts-suspension-andhra-pradesh-hc-issues-notice-to-centre-google
Trending Top Stories
BREAKING: Youtuber String’s plea against Youtube accounts suspension: Andhra Pradesh HC issues notice to Centre, Google

Andhra Pradesh High Court issues notice to the Centre and Google LLC on Youtube journalist String’s plea against suspension of its accounts by Google (which owns Youtube).

28 March, 2024 11:26 AM

TOP STORIES

delhi-liquor-scam-court-remands-arvind-kejriwal-to-ed-custody-till-march-28-read-remand-application
Trending Judiciary
Delhi liquor scam: Court remands Arvind Kejriwal to ED custody till March 28 [Read Order]

Delhi liquor scam: Arvind Kejriwal remanded to ED custody till March 28. Court grants agency permission for interrogation in liquor policy case.

23 March, 2024 11:53 AM
sc-dismisses-centres-plea-for-review-of-judgment-directing-ed-to-furnish-written-grounds-of-arrest-to-pmla-accused
Trending Judiciary
SC dismisses Centre’s plea for review of judgment directing ED to furnish written grounds of arrest to PMLA accused [Read Order]

Supreme Court dismisses Centre's plea, upholds judgment mandating Enforcement Directorate to provide written grounds of arrest in PMLA cases.

23 March, 2024 03:14 PM
kerala-hc-to-hear-lesbian-couples-plea-against-forced-conversion-therapy-on-april-9
Trending Judiciary
Kerala HC to hear lesbian couple’s plea against forced conversion therapy on April 9

Kerala HC will hear a lesbian couple’s plea highlighting that one of them was subjected to forced conversion therapy.

23 March, 2024 03:30 PM
how-can-people-be-compelled-to-vote-madras-hc-asks
Trending Judiciary
“How can people be compelled to vote? Madras HC asks

“How can people be compelled to vote?”, the Madras HC queried in a plea asking employers in Tamil Nadu to demand proof from employees of having voted on polling day.

23 March, 2024 05:04 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email