Collegium System Is The Best, But Needs Accountability : SCBA President Vikas Singh; Seeks Finalisation Of MoP

Supreme Court Bar Association President Vikas Singh on Wednesday strongly urged the finalisation of the long-pending Memorandum of Procedure for judicial appointments, stating that while the collegium remains the best system, it must be strengthened with greater accountability and transparency. He made the remarks during his address at the Constitution Day celebrations at the Supreme Court.

On judicial appointments, Singh appealed to the Chief Justice of India, the Law Minister and the Collegium to resolve the pending MoP, stating that a clear and credible process would improve the quality of judges appointed to the higher judiciary. He reiterated his view that while the collegium system is preferable to alternatives, it must be accompanied by accountability measures.

"I will beseech the Honourable Law Minister and the Hon'ble Chief Justice of India and the other collegium judges that this Memorandum of Procedure has been hanging fire since 2016.The Memorandum of Procedure is basically meant to ensure that the collegium system has more accountability, and I would only request that it can be finalised at the earliest. This will definitely ensure that the quality of judges coming to the higher courts are definitely improved and there is credibility in the process. I feel that the collegium system is the best system for appointment of judges but there has to be accountability and that can only be brought in either by law made by Parliament regulating the Collegium system or by the Memorandum of Procedure." Singh said.

Singh also reiterated his demand for a formalised and transparent mechanism to consider Supreme Court lawyers for elevation to the Bench. Inviting applications and assessing the merit of Supreme Court practitioners alongside High Court lawyers, he said, should be made a regular and systematic process.

"If there is a Memorandum of Procedure, I am sure the Memorandum of Procedure can provide for a system of inviting applications and Supreme Court lawyers are not being considered for elevation on a regular basis. The Chief Justice of India is very much keen to start this process but doing at his level without a process being in place will not reach all the eligible members to be elevated. I think there is a need of the hour to have a system where on a regular basis somebody is assessing the merit of Supreme Court lawyers and comparing them to the merit of the lawyers in the High Court and getting the best people elevated", he said.

Judicial infrastructure 

Singh also flagged serious deficiencies in judicial infrastructure, particularly in lower courts. Referring to instances from Bihar where litigants had to bring their own paper due to shortages in district courts, he said such conditions were unacceptable and urged the government to prioritise infrastructural upgrades. He further emphasised the need for continuous training of judges at all levels to keep pace with emerging areas of law, noting that many judges encounter unfamiliar subjects only after reaching the Supreme Court.

"The other issue is the training of judges. The judges are not regularly trained. The kind of new subjects that are coming up daily before us, the challenges of dealing with new jurisdiction.. I know several judges of the Supreme Court and Chief Justices have also told me that while they were in the high court they had not dealt with many subjects which they happened to deal with in the Supreme Court. So accordingly, continuous training of judges both at the district level and the high court level, and there is no harm if there are methods of including the Supreme Court judges. In fact they can also train the High Court judges and the lower Judiciary. That exercise is going on, but that can be done more regularly. There are institutions where training is there, every state has an institution but I feel it's not being done properly; it can be done with more rigor," he opined.

On access to justice, Singh praised NALSA's efforts but said the vast size of the country poses a major challenge in delivering legal aid to the last mile. Strengthening infrastructure, he said, remains crucial to fulfilling this mandate.

He urged the government to integrate Bhagwandas Road into the Supreme Court campus to create better facilities for lawyers, litigants and the institution, noting that the redevelopment of Kartavya Path should ideally have included a designated judicial zone.

Raising concerns about the absence of social security for lawyers, Singh highlighted that many advocates lack any medical safety net. He called for extending CGHS benefits to regular practitioners in the Supreme Court.

Concluding his address, Singh said that Constitution Day must serve as an occasion for introspection on whether the Constitution has fulfilled its promise. He stressed that meaningful access to justice for every citizen depends on three pillars of the legal system: quality lawmaking, efficient justice delivery, and accessibility of the system to the common person.

Reflecting on Dr B R Ambedkar's concerns regarding the absence of qualifications for lawmakers, Singh said Ambedkar had trusted society to elect capable leaders, just as it had during the freedom struggle. However, he remarked that this expectation had not materialised, pointing to the influence of black money in elections and the rise of candidates with criminal backgrounds. He said the country must introspect on ways to ensure that the “right people get elected to Parliament.”

Live updates from the event :