Exclusive: Justice U L Bhat - First Martyr of the Collegium System; Justice Bhat not elevated to the SC for being irreverent to his Seniors

The collegium system of appointment of Judges in the Supreme Court and High Courts was introduced by a Judicial 'Legislation' by a majority Judgment in the 'Second Judges Case'. It was held that "in matters relating to appointments in the Supreme Court, the 'opinion' given by the Chief Justice of India in the consultative process has to be formed taking into account the views of the two senior most judges of the Supreme Court." The Judgment was delivered on 6th October 1993. Justice M N Venkatachaliah (pictured top left) who was the then Chief Justice of India was not a member of the 9 Judge Bench which decided the Case. Eminent jurist, H M Seervai described the judgment as "null and void" since it is against the constitutional provisions.The functioning of the collegium has all along been shrouded in mystery. As Justice Ruma Pal said "the process of appointment of judges to the superior courts was possibly the best kept secret of the country." The popular perception is that those who are selected are 'suitable' and those not selected continue to be 'non suitable' for elevation. Since the 'person aggrieved' never openly complained, and no 'appointment' came under challenge in any Court, the selection process continues with its share of allegations. According to Fali S Nariman, "before the advent of the RTI (and even thereafter), such impertinent queries were met with responses such as: 'It is none of your business to ask us questions' and 'we (the judges) know what is best for the system".The judge made system has never been under open attack, till the present Chief Justice of Gujarat High Court, Justice Bhaskara Bhattacharya decided to take on the system openly. That was unprecedented on the part of a sitting Chief Justice. According to Justice Bhaskara Bhattacharya, he was not elevated to the Supreme Court for opposing Justice Kabir's sister's elevation to the Calcutta High Court.Justice U L Bhat (pictured top right), the former Chief Justice of the Gauhati High Court and the High Court of Madhya Pradesh was considered as one of the best High Court Judges in the Country. Justice G P Singh and Justice U L Bhat were among the best legal minds in the country, the Indian Supreme Court had really missed. The reason for non-elevating Justice G P Singh is described by George Gadbois in his book "Judges of Supreme Court of India" (Page-264 OUP 2011). He says "Justice G P Singh had an excellent reputation but he had run afoul of the Congress(I) Government in Madhya Pradesh, particularly by refusing to accept certain Government nominees for Judgeship". According to Justice K T Thomas, "Justice U L Bhat is an outstanding judge. Even his critics would admit that fact. Non-elevation of judges like him to Supreme Court resulted in a great loss to the Supreme Court itself."Justice U L Bhat was the first victim of the Collegium system of appointment of Judges. Justice K S Paripoornan (pictured right), who was about two and a half years junior to Justice Bhat in the Kerala High Court was appointed as a judge of the Supreme Court superseding Justice Bhat. Live Law has got exclusive access to some of the materials from Justice U L Bhat's autobiography, "The Story of a Chief Justice" which is expected to be released by 'Universal Publications' next month.The first collegium consisted of Justices M N Venkatachaliah, S Ratnavel Pandian and A M Ahmadi. Even at the time when Justice Paripoornan was only a judge in the High Court of Kerala, there were informal discussions in the collegium for recommending Justice Paripoornan as a judge of the Supreme Court overlooking the seniority of Justice Bhat. At that time Justice Bhat has been then serving as a Chief Justice nearly for three years. On 24th January, 1994, Justice Paripoornan took charge as the Chief Justice of the Patna High court.In 1994, during the summer vacation for the High Court of Madhya Pradesh, Justice Bhat along with his wife was undergoing treatment at 'Jindal institute of Naturopathy and Yogic sciences' situated on the outskirts of Bangalore City. While so, he received a call from Justice M N Venkatachaliah expressing his desire to meet him. Justice M N Venkatachaliah dropped down to the Hospital to talk to Justice Bhat. The following are the excerpts from the conversation between Justice M N Venkatachaliah and Justice Bhat, as described by Justice Bhat in his autobiography.C.J.I.:- Chief justice, I have come all the way to inform you about an action I have taken. I have recommended the appointment of Justice K S Paripoornan as judge of Supreme Court.U.L.B.:- (I did not respond for sometime)C.J.I.: Why are you silent?U.L.B.:- Chief, what can I say. The matter is entirely within your power and jurisdiction. You have exercised your prerogative. I have nothing to say.C.J.I. (Remained silent)U.L.B.:- But even according to the judicial view taken by the Supreme Court, I have legitimate expectations. I have, therefore, a right to be told on what grounds I have...

Exclusive: Justice U L Bhat - First Martyr of the Collegium System; Justice Bhat not elevated to the SC for being irreverent to his Seniors

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