Collegium system which has been followed by the Indian Judiciary for appointing judges to the High Courts as well as to the Supreme Court in India, is a fool proof mechanism, former Chief Justice of India UU Lalit said to the media in an interaction on Sunday.
The former CJI said Union Law Minister Kiren Rijiju had recently spoken against the Collegium system but that cannot be taken on board, as it can only be seen as his own understanding or opinion.
Justice UU Lalit said the Collegium is the established norm. He added that the collegium system has got the approval of a five-judge bench of the Supreme Court.
During his meeting with media, the former CJI touched upon various issues including Collegium.
Lalit said the Collegium system may undergo few changes to accommodate but we cannot go beyond established norms.
The ex-CJI said many people do not know how the system like collegium, which is foolproof, works. He added that judges select a judge who is often from other States and thus that check is there.
He added that there are Intelligence Bureau reports which are gone through before such important decisions, also there are several other checks and balances too.
Talking about why the reasons for not appointing a candidate is not given, the former CJI said rejection sounds negative to every person. The reasons are sometimes official, confidential and income criteria also. Putting reasons in the public is critical for their careers.
On the transparency in collegium, CJI said that by nature, proceedings cannot be transparent like collecting information for vacancies and having a number of candidates. What is transparent for sure is the decision, he said.
While talking about the social media and reporting of oral observations by judges, the former CJI said that when while the case is being decided, the judge questions, cross questions, and elicits an answer for the question he has, but unfortunately some intermediary comments are picked up and played in media, social media needs to be more responsible.
While speaking on the recent withdrawal by a senior counsel from Karnataka for judgeship, Lalit said his level of patience was breached and it was almost a year, so he withdrew his name, the system albeit was deprived of one talent.
On the pendency of cases, the former CJI said arrears will keep on increasing and they need to be reduced. For example, tax matters, you have to see that the issue is decided and connected cases will get disposed of. This is the cyclic reaction.
Further, he said that unknown to many top court is not made for regular statutory appeals, and he believes the way of change is to bring it under Article 136.
The former CJI said that women judges must be given preference for adequate representation across the board, but unfortunately very few women practitioners are available and the lowest strata (of judiciary) also has to be encouraged.