Collegium not in sync with democracy: Shah

"Exemplifies misalignment between core values of judicial independence and accountability"

PTI | September 14, 2010



A P Shah, former Delhi High Court chief justice who gave a landmark judgement bringing the office of Chief Justice of India under the ambit of RTI Act, today attacked the present collegium system of judicial appointments to higher judiciary.

"The present system of judicial appointments in the constitutional courts exemplifies the misalignment between the core values of judicial independence and accountability," he said during the fifth annual convention of the Central Information Commission.

Justice Shah, who gave a number of significant judgements including on the disclosure of assets by Supreme Court judges, and decriminalisation of homosexuality, said the process of judicial appointment provides for no oversight.

"Our current appointments system is out of step with democratic culture primarily because it lacks transparency, and provides for no oversight.

"The way in which judges are appointed embody a set of values about democracy. Choosing judge based on undisclosed criterion in largely unknown circumstances reflects and increasing democratic deficit," Shah said.

Speaking on efforts to bring more diversity among the benches he said the other interesting development was around growing consensus to promote conscious efforts and bring more diversity on the bench.

"Judges are not representatives of any group or constituency. Their duty is to do justice to all according to law without any fear or favour, affection or ill-will.

"Equally, the judiciary as a whole does not need to be representative of any group or constituency. However, a judiciary -- indeed any institution -- that fails to reflect the make-up of society from which it is drawn will sooner or later lose confidence of that society," he said.

Justice Shah said an "appropriate balance" between competing principles must be found in something that is best suited to our constitutional set-up and is "uniquely Indian" in that sense.

He was critical of the Judges (Enquiry) Bill, 2006 which allows people to file complaints against sitting judges which can then be examined by proposed National Judicial Council. The council can make reference to Parliament for removal or impose punishment on judges.

"This presents an example of the cure being worse than the disease. This is clearly impermissible for it is unconstitutional and also severely undermines the status and functioning of judiciary. What cannot be done by not less than 100 members of Parliament can now be initiated by only one person," he said.

Justice Shah said until an alternative constitutional procedure is devised for removal of "errant judges without compromising independence, the procedure for complaints must, at the first instance, be an in-house exercise and cannot be given to a small and select number of persons".

Comments

 

Other News

How social media is reshaping elections

Since Brazil’s return to direct presidential elections in 1985, no candidate who finished second in the first round of polling had ever won the presidency. Luiz Inácio Lula da Silva, now 81, has just done it. What explains the comeback, and what changed in Brazilian politics to make it possi

Cabinet approves Dearness Allowance, Dearness Relief

The union cabinet chaired by prime minister Narendra Modi on Wednesday approved the release of an additional instalment of Dearness Allowance (DA) to central government employees and Dearness Relief (DR) to pensioners with effect from 01.07.2026 representing an increase of 3% over the existing rates of 6

Cyclone Arnab strikes Andhra as warming oceans amplify storm risks

Cyclone Arnab made landfall along the Andhra Pradesh and Yanam coasts in the early hours of Wednesday as a very severe cyclonic storm, with maximum sustained wind speeds of 125–135 kmph and gusts reaching 150 kmph. Its rapid intensification has raised concerns about how warmer oceans, global warmin

Counting matters but which ones?

The first instinct of public policy is to count. Its harder task is to count what counts. We have become remarkably good at measuring the reach of the welfare state vis-à-vis beneficiaries covered, rupees transferred, houses built, connections installed and services delivered. But some of the most

Inching closer to a trade deal with America

The cooperation between India and the United States goes back quite a time. We need to relegate that era to the backburner when Pandit Jawaharlal Nehru visited US in the times of president Dwight Eisenhower and called the American let-off of 10 million dollars in defence aid to Pakistan as a “gun w

Manch vs Musk: Forty people and a foreign billionaire

About forty people walked the roundabout on Teen Murti Marg to the gate of Chanakyapuri police station, a distance you could cover in under a minute, on Friday to protest against Elon Musk’s Starlink. The walk was called by the Swadeshi Jagaran Manch. Nobody joined them on the way, and nobody seeme

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter