Collegium appoints judges on ‘impression’; system needs reconsideration: Justice Sikri

Tribune News Service
New Delhi, February 1

Noting that Collegium appointed judges based on its “impression” about candidates, former Supreme Court judge AK Sikri on Saturday said the judicial appointments system needed reconsideration as “India is the only country where judges appoint judges”.

“Let me be very blunt. Most times, we go by our impression while appointing judges. It may not be scientific…Many times those taken may not be deserving candidates and those deserving might be left out. That needs to be taken care of,” said Justice Sikri who was a part of the Supreme Court Collegium before demitting office in March last year.

Justice Sikri was speaking at the launch of ‘The Cases That India Forgot’—a book authored by Chintan Chandrachud. The author’s father and Supreme Court judge DY Chandrachud, Additional Solicitor General Madhavi Goradia Divan, Zia Modi of AZB and Partners discussed a range of issues relating to the Indian judiciary with Justice Sikri in the discussion moderated by senior journalist Shekhar Gupta.

The Collegium system is not provided for in the Constitution and it was created in 1993 through a Supreme Court verdict that reduced the role of the Executive to mere checking of antecedents of the selected candidates and issuance of formal warrant of appointment.

In 2014, Parliament enacted the National Judicial Appointments Commission (NJAC) for appointment of Supreme Court and high court judges but in 2015 a five-judge Constitution Bench struck it down to revive the Collegium system under which a panel of top five and three judges appoints judges of the Supreme Court and high courts.

Justice Sikri said in two of his judgments, Justice Chandrachud has alluded to the problems in the Collegium system. Justice Chandrachud emphasized the need to bring about a greater sense of diversity within judiciary.