'No Better System': Ex-CJI Lalit Explains How Collegium System is 'Near Perfect'

As pointed out by Justice Lalit, the judiciary is in a better position to judge the merits of the candidate.

(Image Courtesy: Vibhushita Singh/The Quint)

Former Chief Justice of India UU Lalit, on Sunday, 19 February, spoke up in defence of the collegium system. Addressing a seminar organised by the Campaign for Judicial Accountability and Reforms (CJAR), Lalit said:

"According to me, we don't have a system better than the collegium system. If we don't have anything qualitatively better than the collegium system, naturally, we must work towards making it possible that this collegium system survives. Today the model as per which we work is a near perfect model.”

As reportedly pointed out by Justice Lalit, the judiciary is in a better position to judge the merits of the candidates, having been privy to their performance over the years.

What else did the Ex-CJI say? According to Livelaw, the recently retired Chief Justice shared that through the course of his tenure he had seen at least 325 names (for potential appointment as judges) and said that “after a rigorous process the names are cleared”.

This process includes inputs from state government and central government and consultation with the apex court judges who are familiar with that particular High Court. After this:

“The matter then goes to central government. Their inputs are actually taken on account at earlier level but they may have something to elaborate upon. Those objections normally should come back to collegium to reconsider.”

And should the recommendations be unanimous? With regard to this, the former CJI said:

“Initial recommendation by SC need not be unanimous. It could be by majority vote. But reiteration has to be unanimous…The matters are considered thread bare.”

He also shared the example of a judge who was not initially recommended by the collegium, but on government’s request to reconsider, “the subsequent collegium accepted and the person was sworn in as judge.”

Context: Justice Lalit’s remarks come amid attacks on the collegium system by high government functionaries, including the Law Minister and the Vice President of India.

UU Lalit retired as the Chief Justice of India in November 2022. He was the present CJI DY Chandrachud’s immediate predecessor.

(With inputs from LiveLaw.)