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This is an archive article published on September 15, 2013

CJI defends collegium system of appointment of judges

His remarks came after the President of Bar Association of India,Anil Divan,raised questions on the way the Centre brought the bill.

Chief Justice of India P Sathasivam on Saturday defended the collegium system for appointment of judges in higher judiciary but said it is a prerogative of the Centre to bring a bill to change it.

“Now as CJI,I am not going into the contents of the Bill and how it was passed as it is the prerogative of the government and it is for the people to accept it or not. It is too early for me to say anything on Judicial Appointment Commission or Committee,” he said while inaugurating a seminar on Rule of Law.

His remarks came after the President of Bar Association of India,Anil Divan,raised questions on the way the Centre brought the bill “without” taking members of judicial fraternity into confidence and “rushed” it through in Rajya Sabha. He said they never received any response from the Law Minister on the letter dated April 17 by top jurists of the country seeking a draft copy of the Bill.

The CJI said that the government and its agencies have a say in the present collegium system and their views are also taken into consideration for appointment of judges. He said no name is finalised until it gets clearance from the Law Minister,the PM and the President and in the whole mechanism,inputs from Intelligence Bureau,respective high courts and eminent people like sons of the soil,are taken into consideration.

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