'I Don't Think Process Can Be More Democratic Than This' : CJI Ramana On Collegium System

Chief Justice of India NV Ramana on Monday said that the collegium process for judges appointment is democratic as all stakeholders are consulted through a lengthy consultative process."There is an impression in India that judges appoint judges. It is a wrong impression and I want to correct it. The appointment is done through a lengthy consultative process, many stakeholders are consulted. I don't think that this process can be more democratic than this," Chief Justice N. V. Ramana said.The CJI was speaking at the 2nd Comparative Constitutional Law Conversation Series webinar on the topic 'Comparative Approaches of Supreme Courts of World's Largest Democracies', organised by the Society for Democratic Rights, New Delhi and the Georgetown University Law Centre, Washington D.C. The Guests were CJI Ramana and Justice Stephen Breyer of the United States Supreme Court. The discussion was moderated by Mr. William M. Treanor, Dean & Executive Vice President, Georgetown University Law Center.Here is an account of the conversation :Dean Treanor to the CJI: "You advocated for affirmative action in the appointment of judges. Could you speak to the concept of merit in the appointment of judges?"CJI: "The Constitution of India mandates separation of powers between the three organs. Judiciary is mainly mandated to review the executive and legislative actions. That is why Indian independent judiciary is non-negotiable. It is the courts which uphold the fundamental rights and the rule of law. People will trust the judiciary only if it acts independently. The decisions of the Supreme Court on judicial appointment are aimed at sustaining people's trust and faith. Interpretation of the constitutional provisions regarding the appointment of judges had to be undertaken by the Supreme Court only when it felt that there was executive overreach. In doing so, the Supreme Court followed the basic structure doctrine"CJI: "Apart from that, there is an impression in India that judges appoint judges. It is a wrong impression and I want to correct it. The appointment is done through a lengthy consultative process, many stakeholders are consulted, the executive is one of the key stakeholders. For example, let us look at the process of appointment of a High Court Judge which is also a constitutional court- once the proposal is made by the court, it is sent to the concerned chief minister of the state and then to the governor. They are entitled to examine the proposals sent by the court and thereafter they forward the recommendation with their views, whether they are objecting to it or supporting it, to the government of India in the law ministry. And then the law ministry, after obtaining necessary inputs, taking into consideration the antecedents, reported judgments etc, will forward the views to the Supreme Court collegium. The Chief Justice and two senior most judges of the Supreme Court, after obtaining the consulting judges' opinion- the judges who worked in that particular state or are familiar with that state, their views also have to be taken. After all those views, we place the matter before the Chief Justice and the two senior most judges. They then recommend the names to the Prime Minister. There is another step of scrutiny by the Government of India. Then it is ultimately sent to the President of India. It is a long drawn process. And we consult at every stage, at every stage consultation takes place. I don't think that this process can be more democratic than this. The fact that the Government which finally appoints the judges in the name of the President of India, who is the head of our State- I said earlier that sustaining people's faith in the judiciary is the guiding principle. It is true that sometimes the Government can raise objections about a particular appointment. If they send back the proposal to the Supreme Court collegium, we will look into the material placed before us- whether the reasons are valid or there is substantial material of rejection of a particular candidate or not. And if we are satisfied with the inputs, then we will reconsider, or else we will reiterate. Once we reiterate the second time, the government has no option but to appoint. This is the sum and substance of the present system that we are following"Justice Breyer: "At least I can believe now that it has been in the political interest of those involved, to appoint a person who is a qualified person on the merits, on the law, one who knows how to be a judge. You can look at instances where it has not occurred and they have paid a price, politically, for that. Merit always, until now, plays a role- sometimes more, sometimes less, often a critical role because when the people's criterion is not fulfilled, it gets the appointing authority into trouble. But will it continue? That is what I say to the students- I say that question is like so many other questions, the questions about cooperation and ending division in this country. I say it depends ...

'I Don't Think Process Can Be More Democratic Than This' : CJI Ramana On Collegium System

Mehal Jain

Tags