New Delhi: Newly-appointed Law Minister Salman
Khurshid on Wednesday favoured evolving a new system for appointment
Supreme Court and High Court judges and said all stakeholders
should be taken on board before going ahead with the
"Now (with) the vast experience of all these years and the
emergence of new challenges, people are beginning to think of
a new generation institution to look after appointment of
judges. And we will certainly want to push that as quickly as
possible but after ensuring that we take everybody on board,"
Khurshid said soon after assuming office.
He said for a while both retired judges and some sitting
judges, Chief Justices and people who are familiar with legal
institutions in government and Parliament have been reflecting
on the issue.
"It is very important that reform and transformation does
not appear as a confrontation. It has to be something that
must be seen as an evolution from one level of existence to a
higher level of existence. And I do believe there is ample
consensus amongst various stakeholders on this," he said.
The Minister said at a given time it was assumed that the
best system of appointment was the collegium system.
Asked whether he meant the present system was being
changed, he said "evolved is the word. Evolution is the
response of nature to the needs of time. That is what
evolution is, and evolution is what I am thinking of."
His predecessor M Veerappa Moily was contemplating certain
changes in the Memorandum of Procedure for appointment of
judges under which the executive will have more say.
Asked whether there was a divergence of views between the
executive and the judiciary, Khurshid said both were looking
in the same direction "to provide a transparent and effective
system in the democracy of policing ourselves and giving the
But, he agreed that at times "of course there is
divergence in terms of priorities or articulation".
"I think that divergence has to be worked upon...both
sides understand it is important to continue formal and
informal dialogue and not be distracted by specific issues on
which we may have different compulsions. We should appreciate
each other`s compulsions," he said.
The Minister said the "pragmatic and practical
difficulties" of running of political system were "not alien
to the judiciary because the judiciary also ultimately comes
from the same system."
He said at times the government needs to persuade and
present more effectively to the judiciary "and that we will