No wholesale changes in collegium system: Apex Court

No wholesale changes in collegium system: Apex Court

PTIUpdated: Friday, May 31, 2019, 09:11 PM IST
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New Delhi : The Supreme Court on Tuesday ruled out making “wholesale changes” in the collegium system of appointment of judges for higher judiciary but expressed its willingness to bring about a greater transparency “within the existing parameters”. “There can’t be wholesale changes in the collegium system. It has to be within the existing parameters,” a five-judge Constitution Bench headed by Justice J S Khehar said while elaborating on the “tremendous” and “diverse nature” of “unimaginable” suggestions received by the apex court after the landmark judgement of October 16 quashing the National Judicial Appointment Commission Act. “There are so many suggestions. They are so diverse in nature that we don’t know how to proceed in the matter. The diversity is tremendous, unimaginable. It is not possible for us to say we accept this suggestion or deny the other. “Instead it would be better if someone from both sides (petitioners who challenged the NJAC and the government) compiles these suggestions for us. The good minds may sit together and can come out with something final,” the bench, also comprising Justices J Chelameswar, M B Lokur, Kurian Joseph and A K Goel, said while posting further hearing for Thursday.

During the two hour hearing in a jam-packed courtroom there was some drama with a Mumbai-based advocate complaining why he was not allowed to address the Bench and some lawyers criticising the court for hurrying through what they considered a historic moment to bring transparency in judicial appointments.    They suggested that public comments should instead be invited on the official website so that even “a man from Kanyakumari” gets a chance to participate. Before rising for the day, the bench reached a consensus that there was need for suggestions on four aspects — transparency, need for eligibility criteria for appointment of judges, establishment of a secretariat for the collegium and evolving a mechanism of complaint redressal in the collegium. The bench has assigned the responsibility to two lawyers to compile the suggestions which will also include those received by the apex court after the NJAC judgement.

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