Agency(Mumbai): Former Supreme Court judge Rohinton Nariman suggests a collegium of retired judges for appointments to the high courts, emphasizing media freedom.
Former Supreme Court judge Rohinton Nariman, addressing the Bansari Sheth Endowment Lecture in Mumbai, proposed a significant reform in the appointment process for judges to the higher judiciary. He suggested the establishment of a collegium system comprising retired judges to recommend appointments to the high courts.
Nariman acknowledged the current collegium system as the “worst system” but noted the absence of a better alternative. His proposal involves a collective of retired judges collaborating with government officials, the Chief Justice of India, senior judges, and lawyers to select and recommend judicial candidates.
This recommendation comes amidst ongoing debates between the Supreme Court and the Central Government regarding the collegium system, which has frequently been criticized from various quarters.
In his lecture, Nariman also underscored the crucial role of the media as a watchdog and stressed the need for judicial vigilance against any attacks on the media. He referred to the incident of tax raids on the BBC following its documentary on the 2002 Gujarat riots, highlighting it as an example where judicial intervention was necessary to protect media freedom.
Nariman further commented on the Supreme Court’s recent judgment upholding the Narendra Modi government’s decision to abrogate Article 370, which ended the special status of Jammu and Kashmir. He elaborated on the impact of this decision on federalism, particularly the government’s approach of bifurcating the erstwhile state into two Union Territories. This move, according to Nariman, effectively bypassed Article 356 of the Constitution, which sets conditions and time limits for Central intervention in states experiencing constitutional breakdowns.
He expressed concern over the absence of a democratic government in Jammu and Kashmir since 2019, describing it as a “very, very disturbing feature.”
Nariman’s insights and suggestions reflect his deep engagement with India’s constitutional framework and his commitment to upholding the integrity of the judiciary and the freedom of the press. His proposals for judicial appointments and his views on recent constitutional developments offer valuable perspectives on the evolving dynamics of Indian democracy and governance.