Retired honourable Justice of the Supreme Court of India, Sanjay Kishan Kaul, has criticised the Collegium System for the appointment of judges to the High Courts and Supreme Court of India. His opinion has come rather late, still it is worth pondering over. He didn't criticise it while he was a sitting judge. The reason might be anything, from personal lust to the lack of spine to stand up to the truth. It is an objective evaluation of a person who was a part of the system for so many years.
The Collegium System for appointment of judges was adopted in the last decade of the last century. Hence, it is not an integral part of the Constitution of India. It was a change which was affected by the Supreme Court of India by its judicial assertion and the weak contemporary Union Government remained a mute spectator. Thus the honourable justices got the right to appoint themselves. Prima facie, it is a wrong proposition and the greatest cause of concern is that such a blatant injustice was done by the Supreme Court itself, which is the custodian of the Constitution of India as well as Rule of Law. The present government tried to change it by passing an act of parliament but couldn't implement it because of the stiff opposition of the judiciary and the ruckus created by the Deep State.
The Collegium System has promoted and patronised nepotism, favoritism and corruption of the highest order. As a result, the judgeship has become the monopoly of a few legal families. As a matter of fact, it is high time to do away with the Collegium System and find a better system which is more just and transparent.
The appointment of judges on the pattern of Civil Services would be better. Better in the sense that no system is foolproof and has its own limitations. However, the steel frame of Civil Services created by the Britishers in India has served the country well even after independence. An all India Judicial Services should be created on the pattern of Civil Services and an autonomous recruitment agency like that of Union Public Service Commission or the UPSC itself may be entrusted with the task of appointing judges. This will make the appointment of judges just, transparent and inclusive. Like civil servants, the judges would have the feel of lower judiciary before they come to High Courts and Supreme Court . The efficiency of the civil servants selected by the UPSC is not only not doubted but envied and respected by the people.
The quality of legal education in the country has dramatically improved after the introduction of a five year integrated law course and the establishment of National Law University. Taking a cue, several private legal institutions like Symbiosis Law School, Jindal Law School etc. have come up which provide good teaching of law and are attracting a large number of bright youth to the legal profession. The National Judicial Services would attract bright law graduates like the Civil Services as they would be getting pay, perks, privileges and social recognition from day one like that of their counterparts in Civil Services. Self esteem generated by social recognition is the driving force for a majority of youth while choosing their career. Otherwise, many bright and promising legal minds end up joining corporate legal firms. The National Judicial Services would provide them an opportunity to try their luck here. Otherwise, the option of practising as a lawyer or joining a corporate firm will always be there.
The writer is a noted academician and political commentator. Views expressed in the article are personal.
