Collegium Faces Casual Criticism From Those Unaware Of How Judiciary Functions : CJI Surya Kant

Chief Justice of India Surya Kant on Tuesday said that the Supreme Court Collegium often faces "casual criticism" from people who do not understand how the judiciary functions or the rigorous process involved in selecting judges for constitutional courts. He stressed that the Collegium considers a range of objective factors, including merit, performance, experience, inclusiveness and diversity, while recommending appointments to the Supreme Court and High Courts.

The CJI made the remarks while addressing a felicitation ceremony organised by the Supreme Court Bar Association (SCBA) to welcome the newly appointed Supreme Court judges - Justice Sheel Nagu, Justice Shree Chandrashekhar, Justice Sanjeev Sachdeva, Justice Arun Palli and Justice V Mohana - who took oath on June 2.

"I can assure you that despite the casual criticism the Supreme Court Collegium sometimes faces, particularly from people who do not know the functioning of the judiciary and how the Supreme Court Collegium evolved, what kind of criteria it factors in, and the issues that are deliberated... the Collegium, while taking decisions, considers so many important and relevant factors while shortlisting Judges for appointment to the Supreme Court and even the High Courts. We follow the same criteria for the appointment of Chief Justices as well," the CJI said.

Explaining the considerations that go into appointments, the CJI said the Collegium evaluates judges on multiple parameters, including their performance, length of judicial service, positions held in the past and overall professional career. He added that inclusiveness and diversity also remain important considerations for elevation to the Supreme Court.

"I am very happy, and I thank the Supreme Court Collegium for taking an objective and merit-based decision in bringing the five new Judges here. I am quite sure their performance will be outstanding," he said.

The CJI also praised the relationship between the Supreme Court Bar and the Bench, describing it as one of mutual trust and cooperation that contributes significantly to the quality of justice delivered by the Court.

Reflecting on his own experience of serving in the Supreme Court for more than seven years, Chief Justice Kant said the Bar has developed the ability to render effective assistance to the Court in a matter of minutes, while the Bench has learnt to quickly grasp the essence of cases despite severe time constraints.

"I have seen the kind of family relationship that is maintained between the Bar and the Bench. Because of this relationship, the quality of assistance in the Supreme Court is also so good," he said.

He expressed confidence that this cordial relationship would continue to strengthen, adding that the Bar legitimately expects judges to provide a fair hearing and ensure that judicial orders reflect merit-based reasoning.

The CJI further observed that judges elevated to the Supreme Court shoulder a greater institutional responsibility because they represent the country's highest constitutional court, which enjoys immense public trust.

"The Supreme Court, being the apex court, carries the responsibility of maintaining the faith and trust of the people and strengthening it over the course of time. That responsibility is multiplied when you are elevated to the Supreme Court," he said.

Highlighting the distinct role of the apex court, Justice Kant said the Supreme Court is expected not only to decide civil and criminal disputes but also to develop constitutional jurisprudence. He expressed confidence that the newly appointed judges would contribute meaningfully to that responsibility.

The CJI made a special reference to Justice V Mohana, noting that she had previously practised as a successful advocate before the Supreme Court and was therefore already familiar with the functioning of the Supreme Court Bar.

Concluding his address, Justice Kant thanked the SCBA for organising the felicitation and expressed confidence that the newly appointed judges would continue to uphold the institution's values and constitutional responsibilities.