TNN 26 July 14
NEW DELHI: Days after Press Council of India chairman Justice Markandey Katju attacked the Supreme Court collegium for appointment of judges, law commission chairman Justice A P Shah on Friday said its conduct has been opaque and that appointments to higher judiciary lacked transparency.
In an interview to a TV channel, Justice Shah said: "Justice Katju's revelations cannot be undermined, but I have reservations over the manner in which it has been done and about its timing." The collegium system is so opaque that even if someone wants to speak out, he cannot do it having come through the same system, he said.
"The collegium system has completely failed, judges are appointed on unknown criteria," Justice Shah said calling the apex court system of appointing judges as a cabal or a club lacking transparency. "It has failed as favourites get appointed and the rest are left out," said the former chief justice of Delhi High Court.
Justice Shah's attack comes soon after some other retired senior judges supported Justice Katju's claims that a Madras High Court additional judge had been given an extension despite an IB report containing allegations of corruption against him. Former SC judge Ruma Pal, who was part of the three-member collegium that had initially refused extension to the Madras High Court additional judge, had supported Katju's claims.
Later, Goa human rights commission chairman and former chief justice of Patna High Court Justice P K Misra also supported Justice Katju on the expose.
Justice Shah pointed out how the collegium had gone ahead to appoint a judge at the age of 60 years when the criteria laid down clearly says any appointment to higher judiciary has to be below the age of 55.
"I remember once lists were forwarded by the Punjab and Haryana High Court and Madras High Court. The apex court collegium completely scrapped the two lists without assigning any reason," Justice Shah recounted.
Justice Shah's assertion strengthens the government's move to bring in the Judicial Appointments Commission Bill replacing the collegium. It has sought opinion from all parties and is likely to bring the bill in Parliament in the winter session.
The law panel chief supported the government's bill but said the composition of the commission should be part of the Constitution amendment bill. "Unless it is backed by Constitutional provision, it will not be effective," he said.
He said the present JAC bill framed by the UPA is inadequate. The entire composition of the JAC should be part of the Constitutional amendment bill. He also clarified that the JAC should not be reduced to just a recommendatory commission but its recommendations should be made binding on the executive. In case there are some issues, there should be a provision of an Ombudsman, like in the UK, which should look into point of conflict, he said.
In an interview to a TV channel, Justice Shah said: "Justice Katju's revelations cannot be undermined, but I have reservations over the manner in which it has been done and about its timing." The collegium system is so opaque that even if someone wants to speak out, he cannot do it having come through the same system, he said.
"The collegium system has completely failed, judges are appointed on unknown criteria," Justice Shah said calling the apex court system of appointing judges as a cabal or a club lacking transparency. "It has failed as favourites get appointed and the rest are left out," said the former chief justice of Delhi High Court.
Justice Shah's attack comes soon after some other retired senior judges supported Justice Katju's claims that a Madras High Court additional judge had been given an extension despite an IB report containing allegations of corruption against him. Former SC judge Ruma Pal, who was part of the three-member collegium that had initially refused extension to the Madras High Court additional judge, had supported Katju's claims.
Later, Goa human rights commission chairman and former chief justice of Patna High Court Justice P K Misra also supported Justice Katju on the expose.
Justice Shah pointed out how the collegium had gone ahead to appoint a judge at the age of 60 years when the criteria laid down clearly says any appointment to higher judiciary has to be below the age of 55.
"I remember once lists were forwarded by the Punjab and Haryana High Court and Madras High Court. The apex court collegium completely scrapped the two lists without assigning any reason," Justice Shah recounted.
Justice Shah's assertion strengthens the government's move to bring in the Judicial Appointments Commission Bill replacing the collegium. It has sought opinion from all parties and is likely to bring the bill in Parliament in the winter session.
The law panel chief supported the government's bill but said the composition of the commission should be part of the Constitution amendment bill. "Unless it is backed by Constitutional provision, it will not be effective," he said.
He said the present JAC bill framed by the UPA is inadequate. The entire composition of the JAC should be part of the Constitutional amendment bill. He also clarified that the JAC should not be reduced to just a recommendatory commission but its recommendations should be made binding on the executive. In case there are some issues, there should be a provision of an Ombudsman, like in the UK, which should look into point of conflict, he said.
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