Collegium system has failed,says SC lawyer

Raising questions on system for appointment of the judges,leading Supreme Court lawyer and president of the Bar Association of India (BAI),Anil B Divan,on Saturday advocated revisiting the process and called for setting up of a National Judicial Commission to ensure selection of judges with an impeccable integrity.

Written by Express News Service | Shimla | Published: August 26, 2012 4:28:33 am

Raising questions on system for appointment of the judges,leading Supreme Court lawyer and president of the Bar Association of India (BAI),Anil B Divan,on Saturday advocated revisiting the process and called for setting up of a National Judicial Commission to ensure selection of judges with an impeccable integrity.

“Main criticism of the collegium system is that it is non-transparent. There is an absence of exhaustive database. It lacks support system for scientific analysis as is done in countries like the UK and South Africa,” Divan said here.

Delivering Third Lala Amar Chand Sood Memorial lecture on appointment of judges and independence of judiciary organised by the BAI,Divan suggesting that an independent and transparent National Judicial Appointment Commission be set up.

“ A serving judge may be appointed to the Commission but he should demit his office.

“A complete database on the performance and reputation of the high court judges as well as potential candidates from the bar for such appointments can be provided to the commission,” he proposed.

Earlier Chief Justice of Himachal Pradesh High Court Kurian Joseph also favoured for a credible system for appointing judges.

Others who spoke included Himachal Advocate General R K Bawa,BAI honorary secretary Prashant Kumar High Court Bar Association president Anuj Nag and Kapil Dev Sood,a senior High Court lawyer and son of Lala Amar Chand Sood.

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