Comparing the pre-collegium system and to the current one, the former Odisha Chief Justice said there was not much of a change when it came to the executive trying to control the judiciary.
Former Orissa High Court Chief Justice S Muralidhar said on Saturday, 7 October, that the judiciary needed “greater transparency” on the metrics of the appointment of judges in reference to the current collegium system.
“Transparency can be there but informed consensual transparency. We need greater transparency in looking at the appointments such as what are we looking for when we appoint a judge,” he said.
Muralidhar was in conversation with senior advocate Sanjay Hegde on “Judiciary — Executive relations — and tensions” at Dakshin Dialogues 2023, the annual flagship thought conclave of South First, in Bengaluru.
Muralidhar added that the debate needed to be about exactly what needed to be transparent. “We can’t implement the US model on appointments of judges. I don’t think we are mature enough, but yes, greater transparency on the criteria of appointments is what we looking for,” he said.
He also noted that the criteria were followed at least at the entry and mid-level judicial services. “So, I don’t know why we can have at the top level as well.”
Justice Muralidhar said that there needed to be proper criteria while selecting a judge. “What kind of qualities are we looking for in persons who we pick up as the judges? Because we don’t get the entire picture, you get bits and pieces of it, but you don’t get the entire picture so that everybody knows what is being expected and why are choices we made,” the former Punjab and Haryana High Court judge explained.
While speaking about the existing friction between the judiciary and the executive, Muralidhar said, “I think we need to look at history itself to see how different points in time, the same thing has played out. And if we need to bring out a change, we have to look at all of that so that what we propose should be better than what there is already.”
Comparing the pre-collegium system and the current collegium system, he said there was not much of a change when it came to the executive trying to control the judiciary. “If you need a change in that, what should happen is if you don’t do it without looking at history, then we end up making the same mistakes,” he said.
He also claimed that strong executives tend to control all of the judicial system. “This is what the people also want. Executives’ only check is that they are accountable to the people.”
Muralidhar cited the example of former Karnataka chief minister Devaraj Devaraj Urs.
“He was investigated for nepotism and corruption and even while the commission was sitting against him, he got re-elected,” he said.
Muralidhar added that there have been instances where a political leader facing criminal charges, and sometimes even convicted, got elected.
“So ultimately, it comes to this in a democracy with the rule of law: What do we as a people want? How do we see our institutions? Unless the persons in the system understand that the respective rules act without fear or favour, any new system you bring in will fail,” he said. “Ultimately, it’s the individuals who get into that system.”
Dakshin Dialogues is South First‘s annual thought conclave that brings together South India’s biggest political and judicial minds, and social activists, on one stage.
While federalism was the primary theme of last year’s event, it is the core of each session this year, too, as South First continues to focus on the other half of the India story.
Dakshin Dialogues 2023 is seeing the likes of Vidadala Rajini, Khushbu Sundar, Shashi Tharoor, Palanivel Thiaga Rajan, Dinesh Gundu Rao, and many others, discussing delimitation, the Southern model of governance, and much more. Let the dialogues begin!
Watch the full event here: https://www.youtube.com/watch?v=RI7PiM5KFJI
Oct 17, 2023
Oct 13, 2023
Oct 13, 2023
Oct 13, 2023
Oct 11, 2023
Oct 11, 2023
