Mukul Rohatgi, a former attorney general, and prominent lawyer stated that the collegium method for choosing judges for the Supreme Court and high courts is out of date and needs reform.
On November 19, Rohatgi stated, “I truly feel that the collegium system is out of sync and that it is not a product of law or the Constitution,” during a session at Sahitya AajTak 2022. It was never intended to be there; the Supreme Court granted itself this authority in the case of the second judge in 1993.
The senior advocate said, “It shouldn’t have been there, but when you abrogate powers to yourself, then nobody really likes to give away that power, so that’s why they latched on to this power. But Rohatgi continued, “The government should only use the current system until it discovers an alternative to the Collegium system.”
Views of Saurabh Kirpal
Regarding the long-pending collegium decision to confirm senior attorney Saurabh Kirpal as a Delhi High Court judge, Rohatgi stated, “You must adhere to the collegium system, notwithstanding its obscurity. The government is not debating the suggestion in this instance. I believe they should be cocking the snook, but they seem unwilling to do so.
They can’t sit like this for four years. Even if there is a one- or two-month delay, the courts must move quickly since four years is a long period of time. “Rohatgi continued, “There is no chance Saurabh can send a letter to the Collegium and expect a response. The decriminalization of homosexuality under Section 377 has been decided, but not everybody in India is jubilant about it. Many people don’t care about it.
Although judgments can be made, attitudes don’t alter. Regarding the cause, there is no question in my mind that Saurabh’s sexual orientation is the sole cause.” Saurabh Kirpal, a senior lawyer whose advancement to judge has been on hold for a few years, echoed Rohatgi’s comments and said he thinks his sexuality is the cause of the uncertainty. Advocate Kirpal would become the first openly gay judge in India if appointed.
Change Demanded- Rohatgi
Rohatgi demanded a change in the collegium system, saying, “Yes, it needs modifications, but until it does, we must adhere to this.” Kiren Rijiju, the minister of law and justice, has stated that the collegium system of selecting judges needs to be changed because it is not sufficiently transparent. The National Judicial Accountability Commission (NJAC), which Rijiju opposed, would put a stop to the system’s obscurity, he claimed.
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