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Judges’ selection to be made transparent: CJI
R Sedhuraman
Legal Correspondent

New Delhi, April 27
Chief Justice of India RM Lodha today said he had decided to introduce transparency in the appointment of judges to high courts and the Supreme Court under the present collegium system by widening the consultation process to ensure that only lawyers with good legal acumen and impeccable integrity made the grade.

Addressing reporters in the SC after being sworn in as the 41st CJI by President Pranab Mukherjee at the Rashtrapati Bhavan, Justice Lodha said he would write to the HC Chief Justices within a day asking them to consult two or three judges outside the collegium of senior-most judges and some eminent advocates on the selection of lawyers for appointment as HC judges. Wider inputs would enrich the appointment process, he said.

Justice Lodha said he would give top priority to filling vacancies in the HCs and the SC. He also gave his views on allegations of sexual misconduct against judges, death sentence, the problems of “uncle judges and Bench hunting”, delineation of the roles of the judiciary, legislature and the executive, SC Benches outside Delhi, expediting disposal of cases and fixed tenure for the CJI.

Asked about advocates arguing before “uncle judges”, Justice Lodha said the Bar Council should discipline such lawyers. “If somebody is not following the code of conduct or professional ethics, it is for the Bar to take action. The judiciary can’t be blamed. Unfortunately, the role which the Bar is required to play is not being played. The blame is put on the judiciary. It is not fair. What the judges can do,” he said.

Replying to a question, he said a string of recent SC verdicts commuting the death penalty awarded to more than 20 convicts did not mean that the top court had virtually abolished the capital punishment. As long as there was legal provision for death penalty, the judiciary would send convicts to the gallows in the rarest of rare cases, he said.

There would not be any friction between the three pillars of democracy, if every organ remained within its respective limit and functioned within its field, he said.

Asked about recent allegations of sexual misconduct against judges, he said every action would be taken under the existing mechanism. “Every act which is not good for the society is not good for the judiciary as well, as it is bound to dent the image of the judiciary. Judiciary has to behave and work in the best traditions and follow the highest code of conduct,” he said. Justice Lodha will demit office on September 27 after a five-month stint.

Lodha on other issues

• It is for the Bar Council to treat “uncle judge” syndrome
• Bench hunting won’t be tolerated
• SC regional benches not feasible
• Judiciary should follow the highest code of conduct
• The SC has not abolished death penalty
• The CJI can’t have a fixed tenure
• Judiciary, legislature, executive should know their limits