System Can Be Modified, If Needed: Ex-Cjis

New Delhi, Jan 9 (PTI) As voices opposing the present collegium-based system for appointing judges reach a higher pitch, two former Chief Justices of India have said that a rethink or a modification in the appointment process could be considered, if problems were being faced.The collegium system involves a panel of judges headed by the CJI which selects the judges. It has been in place for over a decade and in recent years it has started drawing flak for being a closed system in which the judiciary selects its own judges.Former CJI J S Verma, who created the collegium system with his 30-page judgement in 1993, said he had always said that some kind of modification can be made, if needed.But he maintained that there is nothing wrong with the system “if properly worked,” as it was created to replace nepotism and arbitrariness in the system in which judges were appointed by the Executive.”It all depends on the people who work it (collegium system)…They can spoil even the best of systems,” said ex-CJI J S Verma.He said the collegium system was applauded when it was introduced and it worked well for years. “It is only now that problems are being faced…(in that case) some kind of modifications can be made,” he said.While ex-CJI V N Khare backed exploring the possibility of involving the Executive in judicial postings, ex-CJI A M Ahmadi favoured having a system which is “workable,” including a possible reversion to the pre-collegium mechanism as there have been concerns in some quarters over the effectiveness of the existing system.

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