Collegium system gets CJI support
Defending the collegium system for appointment of judges to higher judiciary, Chief Justice of India P. Sathasivam on Saturday clarified that it is the prerogative of the Central government to bring a bill to change it.
“I am not going into the contents of the bill and how it was passed as it is the prerogative of the government and it is for the people to accept it or not. It is too early for me to say anything on Judicial Appointment Commission or Committee,” Justice Sathasivam said at a seminar.
The CJI said they never received any response from the Union law and justice minister on the letter dated April 17 by top jurists of the country seeking a draft copy of the bill.
He said the government and its agencies have a say in the present collegium system. He said no name is finalised until it gets clearance from the law minister, PM and President and inputs from IB, respective high courts and eminent people are taken into consideration.
The CJI’s remarks came after questions were raised on the way the Centre brought the bill. It was alleged that the Bill was brought “without” taking members of judicial fraternity into confidence and was “rushed” through in Rajya Sabha.
He said Judicial function is universally recognised as distinct and separate in the system of government and is the “very heart” of the republic and the “bulwark” of democracy. “The success of a democracy largely depends upon an impartial strong and independent judiciary endowed with sufficient power to administer justice,” the CJI said.
“Although both judicial independence and judicial accountability are vital for maintaining the rule of law, they are sometimes projected as conflicting phenomenon. Judicial accountability has become an indispensable counterbalance to judicial independence.
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