Additional Solicitor General Pinky Anand today batted for overturning the current system of appointment of judges terming it a ‘disaster’..She was speaking at the Rule of Law Convention, 2018 organised by Bar Association of India on the topic ‘Collegium System – Is there a need to have a relook’?.“The paradox we are facing today is that problem resolvers are the problem makers”, said Anand in her speech..Referring to various committee reports on the issue of judicial appointments, Anand said that the sum and substance of views taken by such committees is that the power of appointment of judges should be vested either with the government or with an independent judicial body..“We had the 99th Constitutional amendment, approved and ratified by both the Houses, – a rare feature – almost universally ratified by all parties across the board, and yet it was struck down by the Supreme Court”, said Anand..She then went on to quote the judgment penned by Justice Kurian Joseph in the NJAC case wherein he had made certain observations about the Collegium system and the need for introspection..She called upon the Bar to protect institutional integrity..“What do we look for in a system? We look for Constitutional validity and even if does not meet the test of constitutionality, it may still pass the test if it delivers the goods. The collegium system fails on both parameters. That is why we are here today to try and bolster our institutions. We need to ensure that institutional credibility is upheld by whatever means it takes – even if it needs a perestroika – to overturn this entire position as it stands today which has proved to be a disaster.”.Besides Anand, Senior Advocates SS Naganand, AK Ganguli and Rajiv Dutta and Professor Moolchand Sharma also spoke on the topic. Below are the excerpts.
Additional Solicitor General Pinky Anand today batted for overturning the current system of appointment of judges terming it a ‘disaster’..She was speaking at the Rule of Law Convention, 2018 organised by Bar Association of India on the topic ‘Collegium System – Is there a need to have a relook’?.“The paradox we are facing today is that problem resolvers are the problem makers”, said Anand in her speech..Referring to various committee reports on the issue of judicial appointments, Anand said that the sum and substance of views taken by such committees is that the power of appointment of judges should be vested either with the government or with an independent judicial body..“We had the 99th Constitutional amendment, approved and ratified by both the Houses, – a rare feature – almost universally ratified by all parties across the board, and yet it was struck down by the Supreme Court”, said Anand..She then went on to quote the judgment penned by Justice Kurian Joseph in the NJAC case wherein he had made certain observations about the Collegium system and the need for introspection..She called upon the Bar to protect institutional integrity..“What do we look for in a system? We look for Constitutional validity and even if does not meet the test of constitutionality, it may still pass the test if it delivers the goods. The collegium system fails on both parameters. That is why we are here today to try and bolster our institutions. We need to ensure that institutional credibility is upheld by whatever means it takes – even if it needs a perestroika – to overturn this entire position as it stands today which has proved to be a disaster.”.Besides Anand, Senior Advocates SS Naganand, AK Ganguli and Rajiv Dutta and Professor Moolchand Sharma also spoke on the topic. Below are the excerpts.
