Former Supreme Court Justice Rohinton Nariman proposes a reform for India’s Collegium system, suggesting a panel with the Chief Justice and four retired judges to enhance judicial independence and address system flaws.
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NEW DELHI: Recently, Former Supreme Court Justice, Justice Rohinton Nariman has put forward a groundbreaking proposal to reform the existing Collegium system for judicial appointments in India. Drawing inspiration from a letter written by Justice HR Khanna to the Law Minister in 1980, Justice Nariman suggested the formation of a panel consisting of the Chief Justice and four retired judges. This panel, according to Justice Nariman, would not only enhance judicial independence but also address the inherent flaws of the current system.
Speaking at an event in Chennai on April 21, where retired judge Justice Akil Kureshi was honored with the prestigious ‘SGS Award for Ethics in the Legal Profession,’ Justice Nariman highlighted the urgent need for an alternative system. He expressed his belief that a panel comprising the Chief Justice and three retired judges would be an ideal solution.
He stated-
“After much consideration, I propose an alternative system inspired by a letter written by Justice Khanna in 1980 to the law minister. Why not establish a panel consisting of the Chief Justice and three retired judges? In my view, a panel comprising the Chief Justice and four retired judges exclusively would enhance judicial independence.”
Acknowledging the similarities between the current system and democracy, Justice Nariman emphasized the importance of transparency in the selection process.
ALSO READ: Justice Nariman Advocates for Retired Judges in Collegium, Emphasizes Judicial Independence
“We might enhance its transparency, surpassing the executive’s appointment process.”
-he asserted.
Justice Nariman proposed a selection process that involves the participation of practicing members of the High Court bar and the Supreme Court bar. These members would nominate one or two judges from the High Courts and approximately 20 judges from the Supreme Court based on their unwavering commitment to constitutional values.
Elaborating on the criteria for practicing members, Justice Nariman suggested-
“A practicing member would typically be defined as someone with a substantial caseload, having handled at least 100, 150, or 200 filings in that specific court, alongside arguing a similar number of cases.”
The nominations received from the practicing members would create a pool of potential appointees. The entire Supreme Court roster, excluding the Chief Justice who would serve on the panel, would then deliberate and vote to select the most qualified candidates. The four candidates with the highest number of votes would form the panel of retired judges, serving a fixed term of five years.
Justice Nariman’s proposal aims to introduce a more transparent and inclusive process for judicial appointments, enhancing the credibility and integrity of the judiciary. By involving practicing members of the legal profession and emphasizing the importance of constitutional values, the proposed framework seeks to ensure that the appointed judges are well-qualified and dedicated to upholding the principles enshrined in the constitution.
If implemented, this alternative framework has the potential to bring about significant improvements in the judicial appointment process in India. It would strike a balance between the executive and the judiciary, fostering judicial independence while upholding the values of transparency and accountability. The inclusion of retired judges in the panel would bring valuable experience and expertise to the decision-making process, further enhancing the quality of appointments.
ALSO READ: Justice Nariman Criticizes System for Failure to ‘Appoint Independent Judges’ Like Justice Kureshi
ALL ABOUT JUSTICE ROHINTON NARIMAN
Justice Nariman, son of Fali S. Nariman, excelled in legal studies at Delhi University and Harvard Law School. Notably designated Senior Advocate at 37, he served as Solicitor General of India and became the 5th person elevated from the Bar to Supreme Court Judge. Renowned for expertise in constitutional law, he established the Supreme Court Welfare Trust and contributed to its Mediation Committee, supporting lawyers and fostering young talent.
Post-Retirement:
Justice Rohinton F. Nariman launched the ‘Justice Nariman Official’ YouTube channel on April 16th, 2022, featuring lectures and discussions on various topics like religion, music, and law. He has also delivered public addresses at the DM Harish School of Law and events organized by the Viswanath Pasayat Memorial Committee, advocating for reforms in laws like the Unlawful Activities (Prevention) Act, 1967, and sedition laws.
Notable Judgments:
- In Swiss Ribbons Pvt Ltd v Union of India, Justice Nariman led the Division bench that upheld the validity of the Insolvency and Bankruptcy Code, emphasizing its role in reducing defaults and bad debts.
- In Justice K.S. Puttaswamy v Union of India, he was part of the nine-judge Supreme Court bench that unanimously recognized privacy as a fundamental right.
- In Shayara Bano v Union of India, he, along with other justices, declared triple talaq void, illegal, and unconstitutional, emphasizing the importance of avoiding manifest arbitrariness in laws.
- In Shreya Singhal v Union of India, Justice Nariman declared Section 66A of the Information Technology Act, 2000 unconstitutional due to its vague and undefined nature.
- In Mohd. Arif v The Registrar, Supreme Court Of India, he ruled that a review of a convict’s death penalty should be conducted openly by a bench of at least three judges, marking a departure from the previous practice of deciding such petitions in chambers without advocate presence.
