In a controversial statement that defies a Supreme Court ruling, Union Law Minister H R Bhardwaj has criticised the role of the SC collegium in the appointment of judges and called for a restoration of the supremacy of the executive and primacy of the Chief Justice of India in the matter.

Speaking at a seminar here today at the Indian Law Institute, Bhardwaj claimed that the pre-1993 position — where judges were appointed by the President on the recommendations of the CJI — was in accordance with Constitutional provisions and there was no controversy whatsoever.

“To say that executive supremacy in judicial appointments undermines independence of the judiciary is wrong. On this ground only, an ‘extra constitutional body’ called collegium has come into existence by the decision of the Supreme Court in Advocates on Record Vs Union Of India in 1993 which touches upon a very basic principle of parliamentary democracy where the Cabinet is bound to accept its decision. There can be no institution which can over-ride Cabinet’s power,” he said.

“How the collegium is functioning is for everyone to see. The position of the CJI has been reduced to a functionary bound by the collegium’s decision. This has created a situation where there is no transparency in judicial appointments. Earlier, the CJI was free to consult eminent legal persons, besides judges. This brought healthy suggestions from all quarters and the CJI had better means to know about a person who was going to be appointed as a judges. Now even the CJI cannot exercise his wisdom if the collegium by majority decides on a name,” he said.