May 11: Outgoing Chief Justice K.G. Balakrishnan on Tuesday admitted that the Supreme Court collegium has come under sharp criticism from several quarters on the appointment of judges in the wake of the corruption charges against some of them.
The CJI said as long as the government did not change the system, the appointments would have to be made only through the Collegium.
“I don’t say it (collegium) is fine. Till the Supreme Court judgement (providing for the system) is reversed, we have to go by it. There is nothing wrong in reviewing it (the judgement). It can be reviewed,” Justice Balakrishnan said.
He hastened to add that the Union government has already proposed the “Judges Accountability Bill” and he welcomed the step.
Justice Balakrishnan, who will demit office on Wednesday in a media interaction, said in the name of “transparency” the judges, whose position was entirely different than the public servants, should not be exposed to “undue scrutiny” as it would affect the entire justice delivery system.
“Once unsubstantiated allegations are made against a judge, his entire career will go,” the CJI said explaining that no one would like his case be beard by such a judge.
In the context of impeachment motions against Karnataka high court Chief Justvice P.D. Dinakaran and Calcutta HC judge Soumitra Sen, the CJI said there was nothing wrong in initiating the impeachment proceeding if there were allegations against some judges.
“I am not against the impeachment. It is a constitutional provision and as the head of the judiciary I am supposed to protect it (the provision),” he said.
However, he refused to say anything beyond it explaining that once the Rajya Sabha Chairman has appointed an inquiry committee to look into the charges against the two judges, “I don’t want to comment on it.”
Asked whether there was any “political interference” in the functioning of judiciary, Justice Balakrishnan strongly refuted it and said, “There is no political interference. In fact India is perhaps the only country in the world where judiciary is functioning free from any political interference.”
On the perceived “friction” between judiciary and executive, or political class, the CJI said to some extent such “friction” was beneficial for the common man but it should not turn into an unnecessary “confrontation”.
Though there was separation of power between three wings of the government — executive, legislature and judiciary — but the separation in India was not “absolute”.
“If there is some friction, it is good. We (judiciary) are not afraid that the government will take a certain view when we decide the cases. We decide them as per the law and the constitution and in the process if there is friction, it is inevitable. Ultimately we all work for the good of the country,” the CJI said.