There is no need for changing the present collegium system of appointing judges to the higher judiciary nor the impeachment provisions in the Constitution, says Chief Justice of India designate Justice P. Sathasivam.
However, judiciary is open to any good suggestions or measures to improve the present system of appointment, he says dismissing criticism that it is not transparent and that the government has no role in it.
While agreeing with the government that it was not in a position to “select” the judges of the high courts and the Supreme Court, he feels the only way the system can be changed is for the government to seek a review of its two crucial judgements in this regard or go for a constitutional amendment.
Justice Sathasivam admits that there is corruption in the judiciary, like other organs of the state, but “it is negligible”.
Strongly defending the impeachment provisions of the Constitution, he says there is a need for strong protection for judges of higher judiciary from flimsy complaints and attempts at removal.
However, he admits there is a lacuna in the in-house mechanism to sort out the problem of removing corrupt judges and it would be better to improve this system to see that the rotten eggs are removed, according to the judge who will take over as CJI on July 19.
“It is not correct to say that there is no transparency and that government has no role (in appointment of judges). The government has enough role,” he told PTI in an interview.
Justice Sathasivam was replying to a question about the government moves to bring laws that would give a say to the executive in selecting and appointing judges.