New Delhi, December 6
Chief Justice of India K.G. Balakrishnan today sought to stay away from the controversy over the appointment procedure for high court and the Supreme Court judges, stating that it was for the government to take a decision on the Law Commission recommendation for a review of the collegium system.
Law minister H.R. Bhardwaj had last week ruled out any immediate review as the time was not ripe for the exercise which involved a colossal amendment to the Constitution, but made it clear that he would go by the views of the Supreme Court, particularly the Chief Justice.
"Judges don't express their views on such matters" which was the case in Europe as well, the CJI told The Tribune when asked about his comments on the minister's statement made at the Law Day function here.
The Chief Justice was talking to the correspondent after inaugurating the third Lok Adalat organised by the Supreme Court. About 70 cases, mostly road accident claims, were disposed of today.
The controversy over the issue had cropped up recently following the government's hesitation in accepting the recommendations of the collegium, headed by the CJI, for the appointment of three judges for the Supreme Court. The debate on the issue had generated much heat following the reported involvement of judges in the Ghaziabad PF scam and corruption charges against Calcutta High Court judge Soumitra Sen.
Asked about possible ways to reduce the mounting pendency of cases in courts, he said opening of more and more courts and holding evening courts were the only solution to the problem.
Efforts were already on in this direction. In Delhi alone, 160 more courts were being set up and in Mumbay 20 additional courts had started functioning. Further, states were gradually coming forward to facilitate evening courts, he pointed out.
Such steps would at least help dispose of petty cases involving minor offences such as not wearing seat belts which accounted for a staggering 1,58,000 in Bangalore city alone, he said.
Asked about the poor response to the plea bargaining move, he said apprehensions had been raised over its potential at the conceptual stage itself.
On the collegium system, Bhardwaj had said it had proved to be expeditious, while the proposed National Judicial Commission was bound to be time consuming involving serious debates. Also, the type of people with no legal background trying to get into the proposed commission would not be conducive to its smooth functioning.
The minister said he had received the recommendations of the Law Commission for changing the collegium system. Since similar suggestions had been received from various people, the government would definitely consider it. However, the CJI would have a greater say in the issue as he "is the indisputable leader" of courts and nothing should be done to "destroy or weaken" the office of the Chief Justice, the minister said.
Any change in the present system should take into account the views of the first Prime Minister Jawaharlal Nehru that the judges should be "independent and men of integrity who can go against us (politicians or executive) if the occasion comes," the minister clarified.
Also, he felt offended when a visiting legal delegation said the Indian judiciary had political judges. This was the result of propaganda spread systematically by "our own people," he regretted.
