'Collegium system is a flop, needs changes': retired HC judge Justice RS Sodhi

New Delhi [India], January 23 (ANI): Former judge of the Delhi Court Justice RS Sodhi, whose video interview was shared by Union Law Minister Kiren Rijiju, on Monday reckoned changes in the manner of the appointment of judges in the Supreme Court and High Courts.

In an interaction with ANI, ex-judge Justice RS Sodhi spoke on various drawbacks of the Collegium system and said it was a flop system.

"I think the collegium system is a flop," the retired judge said adding that it should never have happened. Now it has happened and the country has tested this we found that now it has not worked therefore it should be changed, he said.

He said, "what change has to come is a question of debate and he leaves it open for parliament so that they can debate and parliament can take opinions from sitting judges."

He also mentioned huge numbers of judges in various High courts and said that these judges are brilliant and have their opinions.

He raised the question of why the views of HC judges are not been taken into consideration. "Their voice should be heard. Their opinion should be heard," he said.

He thanked the law minister for approving what he has opined. Retired judge Justice Sodhi said that whatever he had said was not a political statement but a general concern on Judiciary.

He said the Collegium system is not an appropriate one and stressed changes.

He said that the Collegium system has not improved the independence of the judiciary and it has diluted the independence.

Retired Judge Justice Sodhi said High Courts are supreme at their own level and the Supreme Court is supreme at its level.

But due to the present systems, every single order like bail and other various issues passed by the High Courts are challenged in the Supreme Court, he said. The retired Judge said in which country judges appoint judges but in India, it is happening which needs to be changed.

While speaking to ANI, Union Law Minister Kiren Rijiju, who is not satisfied with the Collegium system of appointing judges, said, "It is just a follow-up action of the letters written earlier to CJI following the direction of the Supreme Court Constitution Bench while striking down the National Judicial Appointment Commission Act. The SC Constitution Bench had directed to restructure the MoP of the collegium system."

Rijiji's letter to the CJI pitched for the inclusion of government representatives in the Supreme Court Collegium.

According to the Centre, this will infuse transparency and accountability to the public in the court's decision-making process with respect to the appointment of judges.

The Supreme Court Constitution Bench had directed the restructuring of the Memorandum of Procedure (MoP) of the collegium system.

The MoP is a document that sets out the procedure for the appointment of judges to High Courts and the Supreme Court.

Under the present Collegium system, the Chief Justice of India along with four senior-most Supreme Court judges recommend appointments and transfers of judges. Chief Justice Chandrachud and Justices Sanjay Kishan Kaul, KM Joseph, MR Shah, Ajay Rastogi and Sanjiv Khanna are among the current collegium of the Supreme Court. (ANI)