Renowned advocate and jurist of the country Fali S. Nariman has said that there are many flaws in the collegium system, but it is still the best option. Nariman said that the collegium is less evil than the other option before us, the NJAC (National Judicial Appointments Commission). Nariman's statement has come at a time when there is a tussle going on between the central government and the Supreme Court regarding the collegium. The law minister Kiran Rijuju is continuously advocating NJAC instead of collegium.
In an exclusive interview with a web portal, Nariman said that there is no doubt that the collegium system has many draw-backs and I am not very happy with i. But it is just like a democracy. Best system out of a bad system.
Let us tell you that Mr. Nariman) was advocate of in the famous 'The Second Judges' case in 1993 and won the case. The collegium system was introduced after this case. Later, in his 2010 book 'Before Memory Fades', Nariman regretted winning the case.
In the interview, when he was asked about this part of the book, he said that now he has no such sorrow. Nariman said, ' I myself had once said that the judge should not appoint the judge. Many other things were said, but the way it was handled after that and the controversies as they are now, the collegium is the best of the existing options.
When Nariman was asked what are the flaws he sees in the collegium and how can it be rectified? So he said the first thing is to be honest about how to get the best person into the system. Judges are also humans, sometimes they also want to bring some people, this has always happened.
Let us tell you that for the last few days, there has been a tussle-like situation between the Central Government and the Supreme Court Collegium. The government has rejected all the names suggested by the collegium for appointment as judges. Law Minister Kiren Rijiju has been repeatedly advocating replacing the collegium with NJAC.
Meanwhile, the Supreme Court collegium has put its stand on the rejection of the Center on record for the first time. In which the report of intelligence agency RAW and IB is also included. This move of the Supreme Court is unexpected in itself.
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