Ashish Ranjan
Saturday, Chief Justice of India D. Y. Chandrachud defended the Collegium system of judges appointing judges, a significant point of contention between the executive and the judiciary.The CJI stated that for the judiciary to be independent, it must be shielded from external influences.
“Not all systems are perfect, but this is the finest system we’ve created. However, the objective was to safeguard the independence of the judiciary, a fundamental value. “If the judiciary is to be independent, we must insulate it from outside influences,” Chandrachud said.
The CJI also responded to Law Minister Kiren Rijiju’s displeasure with the Supreme Court Collegium’s disclosure of the reasons why the government did not approve the names recommended by the Collegium for appointment as judges of constitutional tribunals.
“What is wrong with having a divergent point of view? However, I must approach these differences with a robust sense of constitutional statesmanship. The CJI stated, “I do not wish to join issues with the minister of justice, as our perceptions are bound to differ.”
Rijiju has been quite outspoken in his opposition to the Collegium system, once describing it as “alien to our Constitution.”Justice Chandrachud stated that the government exerts zero influence over how cases are decided.
In my 23 years as a judge, no one has ever instructed me on how to adjudicate a case. There is no compulsion whatsoever from the government. “The Election Commission’s decision demonstrates that there is no pressure on the judiciary,” the CJI stated.
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The Supreme Court recently ruled that the President will appoint the Chief Election Commissioner and election commissioners based on the advice of a committee composed of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
