BJP veteran lK Advani on Monday called for revisiting the collegium system of appointment of judges and quoted former retired Supreme Court Judges to suggest the present one was not adequate.
“We are the world’s largest democracy which naturally expects that in so far as appointments to high judicial offices are concerned there must be transparency, fairness and a merit based system,” Advani wrote in his blog on Monday.
Advani quoted judges to suggest that executive too should have a role in appointment and transfer of judges to bring in checks and balances. “These days the issue most discussed in the country is corruption. There was a time when all talk of corruption was related only to the executive — politicians and bureaucrats. No one talked of corruption in the judiciary, certainly not in the higher judiciary. Things have changed in recent years,” he said.
Advani quoted Justice (retd) Ruma Pal, who said in a memorial lecture that seven deadly sins afflict the judiciary and listed corruption as one of them. “lately, a perceptible change has come about in the standards of judges selected,” he said.
The BJP leader said Justice (retd) JS Verma had also suggested that there is a need to do a rethink on the present system of appointing judges. Advani referred to law Commission’s 214th report, submitted in 2008, which states, “In all other Constitutions either the Executive is the sole authority to appoint judges, or the Executive appoints judges in consultation with the Chief Justice. The Indian Constitution has followed the latter method.”
Advani referred to the judgments given during the 1975-77 National Emergency and wondered how many in the judiciary today would react to a situation similar to that which arose in June, 1975.
“I often wonder how the judiciary would react today to a situation similar to that which arose in June, 1975. Would as many as nineteen judges of High Courts muster courage to invite the wrath of the Executive by deciding in favour of MISA detenusIJ I frankly doubt it,” he said.