As the NDA government attempts to change the two-decade-old collegium system under which judges appoint judges, eminent jurists have supported the move, saying it will restore the much needed checks and balances in judicial appointments.
However, they have maintained that the proposed judicial appointments commission should have majority of judges.
The collegium system, which came into existence via a Supreme Court verdict in 1993, has been under attack following former SC judge Markandey Katju’s sensational revelation that three successive chief justices of India allowed a corrupt Madras high court judge to continue at the instance of the UPA-I government due to political pressure from ally DMK.
“Yes, the collegium system must be replaced because unfortunately it has not been working satisfactorily. But the real question is how best it can be done to ensure that only able and independent persons are appointed as judges,” former Attorney General Soli J Sorabjee told HT.
“One way to do it is to have a judicial appointments commission having five or seven persons. But whatever may be the composition, it must have a judicial tilt, i.e. there should be more people with judicial background,” he insisted.
Admitting that the collegium system had failed, noted jurist Fali S Nariman — one of the advocates who argued for it in 1993 — said it was not functioning properly.
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