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CJI Dattu alive to clamor for improvements in Collegium System, open to ‘consider’ revamp

 October,21,2015: Faced with the historic admission from his own court that the collegium system of judicial appointments was flawed, Chief Justice of India H.L. Dattu on Tuesday broke his silence on the issue and told The Hindu that the judiciary was open to “consider” guidelines that may be framed by a Constitution Bench to improve the system.

“All of us, the government and the judiciary, work for the common man. We will wait for November 3 to see what the Constitution Bench decides. We will see what kind of suggestions comes from different quarters.”

Asked whether the highest judiciary has received any negative vibes from the government after the NJAC judgment, Chief Justice Dattu said: “There is nothing for them to feel offended about.”

“The motives of both the government and the judiciary are good. They serve the people; we, too, serve the common man. Except certain voices from here and there, I have not come across a single word written against the judgment. We know the government will take it in the right spirit,” he said.

Asked how he envisions the road ahead with the revival of the collegium system, Chief Justice Dattu said the “road ahead is crystal clear”.

“With over 40 per cent judicial vacancies due to the pendency of the NJAC case, the workload has increased considerably for judges. There is also an increase in filings. But now with things clear after the judgment, we will go ahead. The process will start soon and more judges will come. We will take care of pendency.”

Asked whether the government’s recent approval of the collegium’s recommendation to extend the term of 24 additional High Court judges was a signal that both could work together and leave the NJAC judgment behind, the CJI said there was “no confrontation to start with.”

“There is no confrontation. These are only statements made in some quarters. We, I mean both the government and the judiciary, know what we are doing. We are doing the best for the people, and neither of us will take it in any other way.”

Earlier in the day, Union Law Minister D.V. Sadananda Gowda spoke to The Hindu about the alarming state of judicial vacancies. He said both the judiciary and the government have now swung into action on knowing that the terms of the 24 judges were to expire on October 24. “If nothing had been done, they [the 24 judges] would have gone home. We cannot afford to do that as there are already so many vacancies,” he said.

Hindu

 

Source - ptinews.com

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2 comments

  1. TO BRING TRANSPARENCY IN APPOINTMENT SUPREME COURT SHOULD FIRST INVITE APPLICATION FROM BAR COUNCIL OF INDIA & STATES &LEGAL LUMARIES OF THE NATION BE INVITED SO THAT EVERY ONE MAY GET AN OPPORTUNITY AND THINK THAT HE IS ALSO ENTITLED TO SUCH AN AUGUST POST.ALL APPLICATIONS BE SCRUTINIZED TRIPLE IN NUMBER OF VACANCIES OF JUDGES THROUGH THE COUNTRY.OBJECTIONS BE INVITED FROM THE ENTIRE NATION AND BAR COUNCILS AGAINST THE LIST OF THE SCRUTINIZED PROBABLE CANDIDATES.THE LIST PREPARED BY COLLIGIUM AFTER REMOVAL OF OBJECTIONS BE SENT TO GOVERNMENT FOR VERIFICATION FROM CID.THE LIST SO PREPARED BE THEN PUT UP BEFORE PARLIAMENT FOR APPROVAL BY 2/3 MAJORITY OF MEMBERS PRESENT AND VOTING.THUS APPROVED  LIST  MAY BE SENT FOR APPROVAL OF THE PRESIDENT OF INDIA.THIS PROCEDURE SHALL BE SIMILAE TO THE PROCEDURE OF IMPEACHMENT.THUS APPOINTING AUTHORITY AND DISMISSAL AUTHORITY SHALL BECOME ONE AND THE SAME.THERE SHALL BE NO GRUDGE FROM ANY CORNER.

  2. Jai Prakash Narain

    Names of members of SC/ ST shall never be recommended from High Courts Thus they shall not get an opportunity to be considered by Collegium.Only an all India Competition of 10 years standing in practice or judicial service will suffice the purpose.Article 217(2)(a) of Constitution provides that an officer of 10 years judicial service may be appointed judge of High Court.
    Article217(2)(b) provides that an advocate of 10 years practice may be appointed judge of High Court.It means preference is to be given to judicial officer and not to an advocate.In practice just opposite is done.60%are reserved for advocates.40%are hardly given to judicial officers of 25 or 30 years of service.High Courts are also practicing Collegium .Now names of senior SC District Judges are not recommended for elevation to High Court.All India Judicial Examination will eliminate caste prejudices and SC/ ST candidate may get a chance to decorate a High Court on the basis of his efforts like IAS.10 years practice may be made compulsory.SC/ST advocate does not have uncles so they donot get cases from government or other Institutions like Banks LIC insurance co.On the basis of cases their names shall never be recommended.Their ability may be judged by their performance in competition.The selection and recommendation process may be given to U.P.S .C. On the recommendation of UPSC names may be sent to President of India for appointment.President may take consent of CJI as to suitability. Process of Selecting judges by judges themselves must come to an end .It is product of the mind of Judges themselves. Some times names of Sons of Judges of 12 years practice are recommened.Names of judicial officers of 25 years service are ignored.Judicial officers have experience of all fields.An advocate may have knowledge of Constitutional matters only.To bring transparancy there must be an All India Competition of advocates of 10 years practice through UPSC.It will be just like other services.Some percentage be fixed for Judicial Officers of Provincial services.There are LLM Ph.D.holders in law they shall get chance to become a judge by competition.They having highest qualification does not get a chance to a post of a judge simply because they are not in practice.

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