India

Collegium is the most effective system we have created for appointing judges: CJI D Y Chandrachud

Saturday, Chief Justice of India D. Y. Chandrachud defended the Collegium system of judges choosing judges, a key area of friction between the executive and the judiciary.

The CJI stated at the India Today Conference in 2023 that for the judiciary to be independent, it must be shielded from external influences.

“Not all systems are flawless, but this is the best system we’ve created. Nonetheless, the objective was to safeguard the independence of the court, a fundamental value. “If the judiciary is to remain independent, we must shield it from extraneous influences,” Chandrachud remarked.

The CJI also responded to Law Minister Kiren Rijiju’s concern with the Supreme Court Collegium’s disclosure of the reasons why the government did not approve the names nominated by the Collegium for appointment as judges of constitutional courts.

“What is wrong with having a divergent point of view? But, I must approach these disparities with solid constitutional statesmanship. The CJI stated, “I do not like to join matters with the minister of justice, as our perceptions are bound to disagree.”

Rijiju has been fairly outspoken in his opposition to the Collegium system, once describing it as “foreign to our Constitution.”

Judge Chandrachud stated that the government exerts zero influence on how cases are decided.

Some judges are part of an “anti-India cabal” attempting to turn the judiciary against the country. Union minister Kiren Rijiju

In my 23 years as a judge, no one has ever instructed me on how to rule a case. There is no pressure whatsoever from the administration. “The Election Commission’s decision demonstrates that there is no pressure on the court,” the CJI stated.

The Supreme Court has ordered that the President shall choose 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.

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