On Sunday(21st April),Retired Justice Nariman raises concerns about Collegium’s oversight of independent judges like Justice Kureshi at Chennai event honoring Kureshi’s ethics award.
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NEW DELHI: Retired Supreme Court Justice Rohinton F. Nariman on Sunday(21st April), raised concerns about the Collegium system’s failure to acknowledge and reward independent judges like Justice Akil Kureshi. At an event in Chennai where Justice Kureshi received the ‘SGS Award for Ethics in the Legal Profession,’ Justice Nariman highlighted the deficiencies in the current system and its implications for judicial independence.
Justice Nariman acknowledged that while the Collegium system of appointing judges to the High Courts and the Supreme Court was initially considered a good mechanism, it had not been functioning optimally.
He remarked-
“The system is not functioning optimally. This is evident in its failure to include individuals like Justice Kureshi. It seems that when one exhibits exceptional competence and independence, they are promptly sidelined from the system.”
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The event, organized by Senior Counsel Sriram Panchu and others, paid tribute to the renowned lawyer and former Tamil Nadu Advocate General, S Govind Swaminadhan. Panchu, in his speech, emphasized that the Supreme Court had missed out on a valuable asset by not elevating Justice Kureshi to its ranks.
Echoing Panchu’s sentiments, Justice Nariman pointed out that the Collegium system’s vulnerabilities had led to such regrettable exclusions.
He noted-
“Starting from the outset, the framers of the Constitution chose to adopt the British system. This system operated smoothly until the Kesavananda Bharati judgment, which dealt the initial blow to judicial independence in India.”
Justice Nariman elaborated on the challenges faced by the judiciary’s independence, citing historical instances. He mentioned that the judiciary’s autonomy was compromised twice before, once during the declaration of the national emergency by then Prime Minister Indira Gandhi, and more recently, in October 2023, when the Union government controversially transferred 16 judges who displayed the same courage and independence as Justice Kureshi.
“Once more, the Supreme Court, by a majority, determined that everything rested within the government’s control.”
-Justice Nariman lamented, highlighting the impact of these events on the judiciary’s ability to function independently.
The revelations made by Justice Nariman raise important questions about the effectiveness of the Collegium system and its role in safeguarding the judiciary’s independence. The case of Justice Akil Kureshi serves as a stark reminder of how exceptional judges can be overlooked and marginalized within the current framework.
As the legal fraternity reflects on Justice Nariman’s remarks, it becomes imperative to revisit the Collegium system and explore potential reforms to address its shortcomings. Recognizing and rewarding the contributions of independent and courageous judges is vital to preserving the integrity and credibility of the judiciary in India.
