COLLEGIUM SYSTEM HAS SOME SHORTCOMINGS IIPA PANEL DISCUSSION ON APPOINTMENTS TO HIGHER JUDICIARY

Eminent legal luminaries were unanimous that the current “Collegium System” for appointments to the higher judiciary had certain shortcomings but their opinion on reforms was divided between retaining the existing selection process and making it transparent and efficient to support for the proposed Judicial Appointments Commission. They were participating in a panel discussion organized yesterday at Jammu by the J&K Regional Branch of the Indian Institute of Public Administration on “Appointments to the Higher Judiciary”. The panelists included Justice (Retd) O.P.Sharma, Senior Advocate and former Advocate General D.C.Raina and Director of the Law School, University of Jammu Prof Arvind Jasrotia.

While it was forcefully argued by one set of speakers that judiciary must remain free from the influence of the executive and judges must be allowed primacy to make the selections, the opaqueness of the selection process remained a serious cause of concern. The votaries for the existing system however felt that issues like criteria for selection, delays in filling vacancies and population/judge ratio need to be revisited to make the existing system strong and viable.

In support of Judicial Appointments Commission it was argued that the Constitution is a living document and law a social engineering. We have tried two systems one before and one after 1993. If the collegium system has not worked well there is no harm in giving the proposed third system, that of the Appointments Commission, a trial. An independent body in the form of Judicial Appointments Commission could make the system more transparent and credible, it was argued.

The presentations were followed by a lively discussion. Among those who attended the program were Dr S. S. Bloeria, Vice Chancellor of Central University of Jammu, Dr. S. K. Jain, Vice Chancellor of Shri Mata Vaishno Devi University, Dr Ashok Bhan, Chairman IIPA JK Branch, K.B.Jandial, Member JKPSC, A.C.Chaturvedi, former DGP, academicians, jurists and members of the IIPA.

Former District and Sessions Judge B.L.Saraf conducted the program and J.B.S.Johar, Hony Secretary presented a vote of thanks.