Wed. Mar 20th, 2019

Post-NJAC, Supreme Court’s Constitution Bench to sit on Nov 3 to improve ‘collegium system’

Bench to debate the steps to improve the existing collegium system.

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Justice JS Khehar J Chelameswar J. MB Lokur J. Kurian Joseph J. AK Goel J.
 JS Khehar J.  J Chelameswar J. MB Lokur J.  Kurian Joseph J. AK Goel J.

After declaring the Constitutional amendment to replace the ‘collegium system’ as unconstitutional by a majority of 4:1, the same Constitution bench of the Supreme Court of India will now sit on November 3 to debate the steps which can be taken to improve the ‘collegium system’ which has again been restored after the October 16 judgment. The bench will consider the suggestions which may be made by the petitioners, government and other stakeholders.

On October 16, the five judge Constitution bench by a majority of 4:1, with four separate concurring opinions and a dissenting opinion of Justice Chelamswar, Bench had declared:

After such a declaration, the bench ordered:

to consider introduction of appropriate measures, if any, for an improved working of the “collegium system”, list on 3.11.2015.

After the order, Justice Khehar had said:

Help us improve and better the system. You see the mind is a wonderful instrument. The variance of opinions when different minds and interests meet or collide is wonderful.

After the order, Union Minister Ravishankar Prasad (who was the Minister of Law and Justice when the amendment was introduced) had said:

The Supreme Court has said that from November 3 it will hear the issue of improving the collegium system. It shows that there was something wrong in the collegium system.
As per reports, during the November 3 hearing, government would suggest changes that would ensure the independence of the judiciary while at the same time taking care of its view that ‘judges appointing judges’ is not the best practice.
Images from here.

1 thought on “Post-NJAC, Supreme Court’s Constitution Bench to sit on Nov 3 to improve ‘collegium system’

  1. I have felt that due to the “N” number of reasons the justice is not been delivered to the aggrieved and for this to blame the court will not work. As before the matter reaches the court the back bone of the truth is been broken by a series of the agencies including corrupt/unprofessional/untrained police personnel, politicians, Municipal Corporations officials & staff, other department officials. And as the judges are also human beings and those who are not able to protect themselves from the ongoing corrupt and greedy practices been followed at the other departments, are also responsible for tainting the image of the judiciary and breaking the trust of the judiciary among common man. The increasing pendancy of the cases or say the delay in the justice delivery is also needed to be improved. It is also seen everywhere that its not the truth but might seems right, which is needed to be changed with a bang. An aggrieved agrees for mediation not by his will but only after coming to know that justice delivery in India under the persisting situation in India is a far off thing. I have posted multiple precise solutions which may help in at least minimizing the ills, but as again the voice of common man is not heard easily so mine might have not be been given any weight age. Its time not to blame anybody as the things cannot be improved by efforts of any single institution or department, so all have to explore themselves and to look deep into themselves to rectify honestly as their own. As self improving is the fastest known remedy in such type of cases, where the system is running under the cancerous phase. And at last but not the least I am under an impression while seeing all what is happening that one day and that too sooner the collegium will be Sabotaged irrespective of the current tough stand of the H’ble Supreme Courts. Though I hope and wish the collegium should remain and the Supreme Court should also rethink itself that its time that the flaws be removed and packed for the betterment of common man

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