Collegium System Needs Some Tweaking [Justice Madan Lokur In Conversation With Rajdeep-Full Video]

Former Supreme Court judge Justice Madan B. Lokur on Wednesday conceded that he is "disappointed" that the December 12, 2018 resolution of the Collegium, which comprised him, to elevate Rajasthan High Court Chief Justice Pradeep Nandrajog and Delhi High Court Chief Justice Rajendra Menon was subsequently "overruled with complete opaqueness". In conversation with senior journalist Rajdeep Sardesai on the 'State of the Indian Judiciary' at the Constitution Club in New Delhi, he admitted to being disappointed that the said resolution was not published on the official website of the apex court, and moreover reversed on January 10 with the cryptic explanation that "additional material" has come to light favouring the elevation of Justices Sanjeev Khanna and Dinesh Maheshwari instead. However, when asked if he got the impression that it could have been a bid to simply "get rid" of him, to wait for his impending retirement, Justice Lokur assertively replied in the negative. Acceding that he "cannot say what happened between December 12 and January 10", Justice Lokur also declined to attach any "motives" to this move of the Collegium. When Sardesai probed if the judge had insisted that the CJI have the December 12 resolution uploaded, Justice Lokur replied, "there was no reason to ask...there is no such Standard Operating Procedure..." "Have you strived to seek an explanation from the Chief Justice", the journalist pressed. "No, that is not my job. I am disappointed that it was not put up. But why it was not put up is not my business...", stated Justice Lokur. "But you say that judicial officers must be held accountable...other judges have written to the Chief Justice...", Sardesai persisted. "What happens within the Collegium happens in utmost confidence. If I have been a part of a discussion, it is in confidence and I am not going to betray that trust...When we take a decision, it is expected to be uploaded. I am disappointed that it was not uploaded", iterated the judge. "Can Justices Nandrajog and Menon come out and ask that this additional material, on the basis of which they have been bypassed in appointment, be placed in public domain?", quizzed Sardesai. "It is not about hiding behind the MoP...what if this material is derogatory? can it be out in public? I am not sure...What kind of material is it? I assume you don't know. What if it is incorrect, which the Collegium believes to be correct, and defamatory?", reflected Justice Lokur. In response to how, upon this additional material coming to light, which was compelling enough to overturn a decision once taken, Justices Nandrajog and Menon could be deemed to be suitable to continue as Chief Justices of the respective High Courts, Justice Lokur vehemently advanced, "I wasn't there on January 10, so I can't say what this material is. But every High Court Chief Justice cannot become a Supreme Court judge! How can you say that because he is the Chief Justice of a High Court, the judge should also be in the Supreme Court?" On the Collegium system of judicial appointments In context of transparency in the Collegium system, he observed, "In my experience, there is no element of nepotism or 'Sifarish'. There are no attempts by the Chief to bring in people who are close to him. If a suggestion for appointment or transfer is made by the CJ, we discuss it; there is a debate. It is not that because the CJ says so, everybody agrees. There is a healthy discussion and as a member of the Collegium, I am entitled to disagreement...I don't think that the CJ has a certain element of primacy. He is the first among equals. He initiates discussion, but as an equal, I am entitled to disagree..." Even as he assured that the Collegium system has not entirely failed, he agreed that there is a need to bring about change- "Nothing is cast in stone. We are dealing with humans, not machines. Certain things need to be done...the NJAC judgment spoke of certain standards in the appointment procedure. Suggestions were invited from lawyers and the public. Almost 1000 pages of suggestions were given which were then analysed by the then-ASG and a Senior Advocate. We were told by the Attorney General that the Department of Justice was coming out with the MoP. But this MoP is silent on the eligibility criteria. It is silent on transparency..." "For example, if the High Court Collegium makes a recommendation and the state government does not respond within 6 weeks, then the Government of India can proceed on the assumption that they have no objection. Now, if they don't, then what happens? Files have remained pending. What is the sanction for this inaction. The MoP is silent on that...", continued Justice Lokur. "A view has been taken in the NJAC judgment, which I think is correct, that for the independence of the judiciary, in the existing circumstances, the Collegium system is the best. But it does need some tweaking...However, Just because there are some...

Collegium System Needs Some Tweaking [Justice Madan Lokur In Conversation With Rajdeep-Full Video]

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