New Delhi: The government on Saturday said that the
present collegium system of appointment of judges to the
higher judiciary was coming in its way to overcome the
shortage of judges and suggested involvement of executive and
legislature to hunt for the best talent.
"The increased numbers of members of collegiums has made
the consultation process cumbersome and hence there is a delay
in the selection and elevation of judges," said the Vision
Statement presented to Chief Justice of India KG Balakrishnan
by Law Minister M Veerappa Moily here.
The Vision Statement comes just days after Moily had said
"may be, we have to revisit the procedure" on the appointment
of members of the higher judiciary.
It said the collegium system was particularly hindering
the process of appointment of judges in cases of deadlock as
there are no guidelines to handle such situations.
"There are no guidelines dealing with situations of a
deadlock or lack of consensus among the members of the
collegium, or dealing with situations where the majority
members of the collegium disagree with the CJI," the document
said.
The document suggested that there should be "lucid and
comprehensive guidelines which the collegium should follow in
the matter of selection of judges".
It expressed hope that the executive and legislature will
take initiative in recommending the best possible talent for
selection to the judiciary.
The collegium should be given a time line to clear the
backlog in vacancies, the document said.
The government and the collegium should work hand in hand
while appointing judges so that the difference between the two
does not lead to delay in appointment, it said.
The government should also be given the power to suggest
outstanding lawyers and jurists as judges, it added.
Bureau Report
