The collegium system for appointment of judges to the upper judiciary will be improved and criticising it with out developing with an alternate “doesn’t lead us wherever,” former Chief Justice of India T S Thakur has stated.
His remarks come in opposition to the backdrop of criticism from numerous quarters in regards to the collegium system.
“On a regular basis you’ll learn someone saying the collegium system isn’t the correct system. No one can say that the collegium system for the appointment of judges is essentially the most good system however the collegium system itself will be improved because the Chief Justice not too long ago talked about,” Thakur stated on Saturday.
He was apparently referring to the remarks of D Y Chandrachud who was sworn in because the Chief Justice on November 9.
“… I don’t assume anybody can probably argue in opposition to an try to enhance the system,” Thakur stated at a operate within the nationwide capital.
Thakur was the Chief Justice from December 2015 to January 2017.
He additionally talked about in regards to the apex courtroom placing down a constitutional modification to herald the Nationwide Judicial Appointments Fee to pick Supreme Court docket and Excessive Court docket judges.
The legislation, handed by Parliament with close to unanimity, sought to overturn the collegium system.
“It was examined within the courtroom and the courtroom discovered that it was compromising the independence of the judiciary… That doesn’t imply that if there may be one other alternative or if there may be one other manner of doing the identical factor… please do it by all means.
“As an alternative of merely criticising the system with out developing with an alternate doesn’t lead us wherever. These are points, whether or not it’s defending federalism or the elemental rights or secular credentials of the nation, these are elements which will be ultimately be taken care of solely by an impartial judiciary. That’s the place I feel the function of the judiciary and the media assumes nice significance,” Thakur stated.
Final month, Union Legislation and Justice Minister Kiren Rijiju stated the individuals of the nation aren’t pleased with the collegium system and based on the spirit of the Structure, it’s the authorities’s job to nominate judges.
The Supreme Court docket collegium is headed by the Chief Justice of India and includes 4 senior-most judges of the courtroom.
It has typically been dubbed by its critics as being opaque.