Chief Justice of India (CJI) B. R. Gavai and Justice Surya Kant have strongly defended the collegium system for selecting judges for constitutional courts, asserting that it is crucial for preserving the judiciary's autonomy and independence in administering justice. Their remarks come amid ongoing discussions about the judiciary's role and its relationship with the other branches of government.
CJI Gavai, speaking at the Royal Institute of Management in Thimphu, Bhutan, referenced the Supreme Court's 2015 judgment that struck down the National Judicial Appointments Commission (NJAC). He argued that granting primary control over judicial appointments to the executive branch would endanger the judiciary's independence and autonomy. He highlighted the collegium system's evolution as a response to executive overreach, recalling instances where the executive superseded senior judges in appointing the CJI prior to 1993.
Justice Surya Kant, addressing the Supreme Court of Sri Lanka in Colombo, emphasized that the judiciary's dominant role in appointing judges to the High Courts and Supreme Court exemplifies the doctrine of separation of powers. He stated that this independence enables the courts to go beyond merely resolving disputes or defending constitutional boundaries, allowing them to actively shape a society's democratic ideals and act as architects of democratic life.
Justice Kant described the Indian Constitution as a "living document," noting that the judiciary has broadened its scope through interpretation to address emerging rights like privacy, digital freedom, and environmental protection. He cited significant judgments that recognized rights to education, livelihood, health, and a pollution-free environment as reflections of the judiciary's transformative role. He also highlighted the importance of judicial review, enabled by Articles 32 and 226, which allows citizens to seek remedies directly from the Supreme Court and High Courts, ensuring that no act of governance escapes judicial scrutiny.
Both CJI Gavai and Justice Kant referred to the Supreme Court's landmark 1973 Kesavananda Bharati case, which established the "basic structure" doctrine of the Constitution. Justice Kant noted that this judgment transformed the judiciary from a mere interpreter of the Constitution into its guardian.
Justice Kant, who is expected to become the next CJI, has previously spoken about the collegium system, stating that despite its imperfections, it serves as a crucial institutional safeguard. He noted that the system significantly limits interference from the Executive and Legislature, thus preserving the judiciary's autonomy and insulating judges from external pressures that could compromise their impartiality. He acknowledged criticisms of the collegium system, particularly regarding the lack of publicly articulated criteria for selecting judges, but pointed to recent efforts by the Supreme Court to enhance transparency.
CJI Gavai has also cautioned judges against accepting post-retirement government appointments or contesting elections, emphasizing that such actions could raise ethical concerns and undermine public trust in the judiciary's impartiality. He stressed the importance of integrity, transparency, and swift action when addressing allegations of judicial impropriety or corruption.
In conclusion, both CJI B. R. Gavai and Justice Surya Kant have staunchly defended the collegium system as a mechanism to protect the judiciary's independence and autonomy. They emphasized the judiciary's vital role in upholding the Constitution, safeguarding fundamental rights, and shaping the democratic landscape of India.
