In a virtual endorsement of the collegium system,Chief Justice of India S H Kapadia on Friday said he will prove in his two-year tenure that good judges can indeed be appointed within the current system. I will prove that within the current system in the next two years when I am Chief Justice of India that good judges can be appointed, Chief Justice Kapadia said in his speech delivered during a programme conducted by the Supreme Court Bar Association to commemorate the National Law Day at the apex court lawns. The Chief Justices words come at a time when the collegium system of judicial functioning is under criticism for its lack of transparency,especially in the transfers and appointments of judges. Recently in September and then again in October,Chief Justice Kapadia had ordered the transfer of a total 31 high court judges,citing public interest. Created by the Supreme Court in two judgments first in 1993 (Supreme Court Advocate-on-Record Association case) and by a follow-up Presidents Reference to the court in 1998 the collegium method saw judges appropriate the power to appoint judges to avoid executive interference in judicial independence. Union Law Minister Veerappa Moily,who was present at the function as the guest of honour,had recently signalled a turnaround by calling for more government involvement in the appointment of judges. The executive and the legislature must take the initiative in recommending the best possible talent for selection to the judiciary. The government and the collegium should work hand in hand while appointing judges,so that the difference between the two does not lead to delay in appointment. The government should also be given the power to suggest outstanding lawyers and jurists as judges, he had proposed. On the other hand,the Chief Justice said it is best not to interfere in governments policy matters. He compared judges intervention in executive policy matters as bulls in a China shop. We cannot interfere with policy in executive matters. Otherwise,we will become like bulls in a China shop, he said,using the opportunity to thank the Law Ministry for allocating Rs 60 crore for the Supreme Courts computerisation. With the judge-litigant ratio pegged at 13:1,he said the judiciary is facing an uphill task to bridge the gap,especially taking with the poor state of judicial infrastructure involved.
