Collegium System Is The Best; Indispensable For Independence Of Judiciary, Rule Of Law: Former CJI UU Lalit

Calling the collegium system "the best system", the former Chief Justice Of India U U Lalit on Sunday said the collegium system is indispensable for the independence of judiciary and the rule of law.

However, Lalit also said that it would be the government's prerogative to bring back the National Judicial Appointments Commission if it decides to do so. "But so long as that is not brought in, we will have to follow the established mechanism," he said while interacting with the media at his residence in Delhi.

He further said that an attempt to have a different modality was not found to be correct. "In fact, SC found it (NJAC) to be unconstitutional," he said.

Lalit also said that if the collegium system requires improvement then there must be a dialogue between all parties concerned. "In my opinion, the collegium system is the best system. It has proved to have worked effectively," he said.

On the question of increasing the retirement age of the judges, Lalit said, "In a country where the talent is enormous, it is best that Judges retire so that new Judges could come in."

Lalit also said that there was a promising advocate from Karnataka whose name had been recommended for elevation, but had to languish in wait. "His patience was over. He wrote a letter to the collegium withdrawing his consent. The system got deprived of talent," he said.

With regard to the process followed in appointing judges, Lalit said there are many levels of screening and filtering involved. "For judicial officers and advocates, the element of objectivity is taken care of, especially because the talent is first spotted by a Chief Justice who was elevated from another High Court," he added.

With regard to the listing of the appeal in GN Saibaba case before the Supreme Court on a Saturday last month before a bench of Justice MR Shah and Justice Bela M Trivedi, the former CJI said that Justice D.Y. Chandrachud [who is now the CJI], Justice Bhushan Ramkrishna Gavai, Justice Ajay Rastogi, Justice S. Ravindra Bhat and Justice Surya Kant had "said they had other commitments when asked to adjudicate the appeal"

"At no juncture, did I tell Justice MR Shah and Bela Trivedi the nature of the matter and who the parties were," Lalit said.

Commenting on the changes brought by him during his short tenure as the CJI, Lalit said many cases which were waiting to be heard for a long time were finally taken up. "I think everyone benefited because of these changes," he said

Lalit also said that he is not on social media and the comments made on the online platforms do not bother him personally. "However, I feel there should be circumspection and tempering when commenting. It should be limited. You may criticise the judgement, but do not criticise the judges," he added.

On the live-streaming of cases by the Supreme Court, Lalit said, "you are making yourself seen and heard by everyone. We should welcome comments that are good for the institution."

Lalit stressed on reducing the huge pendency of cases in the country's courts, particularly the Supreme Court. "You must dispose of matters which are fundamental matters. And these are Constitution Bench matters. These assume highest priority because it puts quietus to the particular issue," he added.

He added that the Supreme Court is tremendously burdened by normal appeals from various tribunals. "This is not how SC should function. Jurisdiction of SC in these appellate cases has increased massively. Rather than make it a right of appeal, put it in the basket of Art 136. That is my suggestion," Lalit said.

Former #ChiefJusticeofIndia UU Lalit says, "In my opinion, the collegium system is the best system. It has proved to have worked effectively."#CollegiumSystem #SupremeCourtofIndia pic.twitter.com/GNRE4wFSB7

— Live Law (@LiveLawIndia) November 13, 2022