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Collegium system of selecting judges should be reviewed: CJI

The chief justice of India who met the press on Tuesday evening after spending his last day in office, said his term was not turbulent.

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Outgoing chief justice of India (CJI) KG Balakrishnan said the collegium system of selecting judges for the Supreme Court and the high courts should be looked at afresh. Pointing out that the collegium system (comprising the five senior-most Supreme Court justices) came about after two SC judgments, he said, “Let the judgments be reviewed. I think it should be reviewed when so many concerns over the working of this system are being raised.”

The 37th CJI, who met the press on Tuesday evening after spending his last day in office, said his term was not turbulent. But he added that media exposure resulted in certain aspects being highlighted as if they had never happened. “I think these things must have happened in the past too,” said the judge, who turns 65 years old on Wednesday.

He also said there was no need for a new law to deal with the so-called honour killings, usually on the diktats of caste panchayats that oppose inter-caste and intra-gotra (mythological patrilineal ancestor) marriages. He pointed out that the Hindu Marriage Act prohibited certain relationships from marriage, but added, “When we are in love, we don’t care for the law!”

Balakrishnan, who was the first Dalit to be appointed CJI, said the
government had not consulted him on heading the National Human Rights Commission.

Meanwhile, the Supreme Court Bar Association held a function to farewell to Balakrishnan and welcome incoming chief justice S H Kapadia. At the event, veteran lawyer Ram Jethmalani, known for his sharp wit and sense of humour, wished Balakrishnan a happy time ahead and far more economic prosperity.

While welcoming Kapadia, who takes oath on Wednesday morning, Jethmalani referred to the comment made by CJI-designate to former SC Justice VR Krishna Iyer, and which was reported in the press.

Kapadia had, in a letter to Iyer, asserted: “The only asset I
possess is integrity.” To this, Jethmalani retorted: “We assume that every judge has integrity.”

He also expressed his concern about a fall in integrity at every level and urged Kapadia to ensure that the importance and values of honesty and integrity are taught in schools.

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