It's Time To Review The Collegium System And Sensitise The Judiciary

It's Time To Review The Collegium System And Sensitise The Judiciary [Credit-News 18]

The judiciary is considered the fourth pillar of a democratic country. In some or many instances, this pillar does not function its duties properly. India too is not different from this scenario.

According to the senior advocate Dushyant Dave, the Supreme Court of India in today's time is 'not as strong' as it can be. He lamented the fourth pillar and said the collegium system has resulted in 'some of the worst appointments in High Courts and Supreme Court.

During the speech at the 'Bebaak' event organized by Jansatta.com, Dave cited the example of the Chief Justice of the Supreme Court of Pakistan, Iftikhar Muhammed Chaudry, during the regime of President Pervez Musharraf in 2009.

No Requirement to 'Reserving' Judgments in Open and Shut Cases:

Mr. Dusyant Dave explained that there is no point in giving much time to 'reserving' judgments, especially in open and shut cases. He cited the case of Ajmal Kasab, the 2008 Mumbai terror attack convict. He also elaborated on the 2023 Parliament security breach case.

No Time to 'Reserving' Judgments in Open and Shut Cases [Credit-The Statesman]

The senior advocate and former president of the Bar Association of Supreme Court said that these are open-and-shut cases and the apex court should use discretion and not waste much time. In his words,

" I believe in the case of Kasab, we need not have wasted............. time. It was an open-and-shut case. The Supreme Court only wasted time....... for what?"

In the Parliament breach case, whatever may be their defense, you may consider it for reducing their sentences but they breached Parliament's security, which is a serious matter, and have grave concerns.

Trials in such cases should be expedited and within a month they should be given a sentence. There is no need to delay the trial by two or four years anyway. These are the cases where our judicial system can fast-track.

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Need of The Time to Review The Collegium System:

Launching a sharp attack on the Collegium system, Dave said it has been a 'disastrous failure' in the judiciary of the country, in nearly 40 years, from the time when the Supreme Court gave its judgment.

In the 'Second Judges' case in 1993 the Supreme Court said that the appointments of High Court and Supreme Court judges will be through the Collegium system. Mr Dave said I believe that the worst appointments have happened in the past few decades in the judiciary. 

He elaborated that the time till the executive was there, some judges were bad, but by and large the quality of judges, in terms of competence or integrity, was impeccable. 

Need of The Time to Review The Collegium System [Credit-YouTube]

But in the last 40 years, many such judges have come who are just not eligible for appointment, and who have no competency and integrity as well. There have been several serious allegations of financial impropriety against many judges, including many CJIs, in the last 40 years.

Former Law Minister [In the Morarji Desai Cabinet] Shanti Bhushan has given a sealed cover to the Supreme Court about several CJIs were corrupt. The Supreme Court has never shown the courage to follow up with the case and eagerness to check the corrupt parties.

Even the Supreme Court subsequently dismissed the case. The senior advocate added if the power of appointment goes into the hands of the executive, of the Supreme Court as well as the High Court judges, they will also appoint their people. 

They are doing it now as well through the collegium system because there is always an influence of the government in the Collegium system. In the past 8-9 years, the recommendations have been such which shows an influence of the government and an ideology. 

This is a major challenge before the judicial system and the country. This has happened during the earlier Congress government too.

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Judges Need To be Sensitised:

The former president of the Supreme Court Bar Association also highlighted the point that judges of the High Court need to be sensitized. The sitting Chief Justices have to sensitize them, by correcting them or penalizing them.

Former President of The SCBA and Current CJI [Credit-Bar and Bench]

He raised the question that our judiciary is not sufficiently sensitized, especially over issues related to women and Dalits. After 75 years of Independence, if any Dalit takes out his 'Baraat' [marriage procession] sitting on a horse, that individual is murdered.

Look at the census, they are 16% of our population. What kind of nation we are making of ourselves? He responded to a question over a 2023 judgment of the Allahabad High Court, which slammed live-in relationships and termed it as a 'systematic design to destroy the institution of marriage.'

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He gave another example of 'stalking'. In one case, a judge said that stalking is not an offense. Could you imagine the plight of this woman, who is being stalked? She might be fearing for her life. It shows that judges are not sensitized at all.

He criticized CJI Chanderchud for his lectures that did not do anything to sensitize the judiciary and said as the leader of the institution, the CJI has to sensitize them by talking to them, arranging meeting times, and again.

Judges Need To be Sensitised [Credit-The Wire]

Dave said that the CJI has the power to penalize judges over certain judgments, like the verdict on live-in relationships and stalking is not an offense. The CJI can transfer them or if found in corrupt practices, can recommend to the government to initiate impeachment proceedings.

The judiciary has to be proactive and sympathetic to people's needs which is missing. Today look at minorities' problems, there are so many people accused in the Citizen Amendment Act [CAA] who are logged in jail. Their bail cases have been adjourned in the High Courts several times.

It's a big challenge for us and the judiciary must consider it seriously and quickly. The senior advocate concluded that 'Justice does not mean any kind of justice but it must be real justice.'

Thanks and Regards