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Synopsis

A CJI DY Chandrachud led bench of the Supreme Court today agreed to list a petition challenging the present collegium system for appointment of judges of the Supreme Court and the High Courts.

The petitioner mainly seeks issuance of a writ of mandamus or any other appropriate writ, order or direction, directing the Union of India to bring into existence such legislative or administrative measures for the creation of a non-governmental/non-departmental public body, or a Judicial Appointment Commission to select Judges for the higher judiciary by inviting applications from all eligible candidates, invite references from all stakeholders, the Bar Associations, the public at large.

It has been further sought that the Commission must above all see that Judges are not only selected in a fair and open way but are seen by the public to have been chosen in the fairest possible way taking nothing into account other than their merit and character.

Advocate Mathews J Nedumpara, appearing for the petitioner, mentioned the matter before the court and submitted that the 2015 judgment which revived the collegium system should be rendered void ab initio.

To this, the CJI questioned whether the collegium system, which was brought about by judgment of a Constitution Bench of the Apex Court, could be reviewed in a writ petition filed under Article 32 of the Constitution of India.

Alternatively, the petitioner was assured by the bench that his plea would be looked into.

The collegium system of appointment of Judges, as per the petitioner, is one which is nothing but rewriting of the Constitution, to keep political interference in judicial appointments completely at bay, to appoint the very best and most deserving Judges, but has totally failed and resulted in monopolising the august office of Judges of the higher judiciary by the kith and kin of sitting and former judges of the Supreme Court and High Courts, their juniors, celebrated lawyers.