Disband the Collegium

Is it beginning of the end of collegium system of appointing higher judiciary? It does seem so with the Supreme Court collegium deciding to disengage itself and asking the Centre to take a call on elevating Karnataka High Court chief Justice P D Dinakaran to the apex court. In its letter to the Centre, the collegium said it would forward details of the discreet inquiry the Chief Justice of India had ordered and other documents for the purpose of deciding the fate of Justice Dinakar. The move comes after Thiruvallur district collector stood by his report that Justice Dinakaran had encroached 197 acre of public land. By passing the buck to the Centre, the collegium has not only revealed its feet of clay, it has also abrogated its responsibility and has, thus, no right to arrogate itself the power to appoint the higher judiciary. It is particularly disappointing since the course of action was clear: Drop Justice Dinakaran from the list of judges to be promoted to the apex court! More so since an inquiry has confirmed his culpability in a criminal case and protest by lawyers have virtually paralysed the Karnataka High Court. In fact, in view of various controversies in appointment of judges, the Law Commission had recently suggested (before the Dinakaran issue hit the headlines) reconsideration of the collegium system. It had proposed that the Centre should either “seek reconsideration” of the three judgments that brought in the collegium system or bring in law to restore “primacy” of the CJI and the executive power to appoint Supreme Court and High Court judges. It was a nine-bench apex court bench that, in 1993, overruled an earlier judgment that had eroded primacy of the CJI in such appointments. The Dinakaran controversy later prompted eminent jurist Fali S Nariman to propose a “judicial ombudsman” over the collegiums to hear complaints against the higher judiciary. By expressing its inability to act decisively in the case of Justice Dinakaran face of clear evidence and other such controversies in the past the collegium has clearly reduced itself to a mere post office and there is absolutely no case for such a post office.