Judges best placed to evaluate capabilities of other judges: Ex-CJI RM Lodha

NEW DELHI: The former Chief justice of India, RM Lodha, who retired on Friday, had defended the practice of appointing the apex court’s top judge on the basis of seniority as well as the existing collegium system, saying judges were best placed to evaluate the capabilities of other judges.

“Seniority is an important factor in selection of judges so that there is no tinkering with the selection and merit is something, different people may have different views, and if you ignore seniority, somebody may be overlooked,” the outgoing Chief Justice said.

Justice Lodha was commenting on the National Judicial Appointments Commission Bill ( NJAC), under which a commission will appoint members of the higher judiciary (HC and SC) replacing the collegium system, in which essentially judges appoint other judges.

According to the bill, the NJAC will recommend the senior-most Judge of the SC for appointment as CJI, ‘provided he is considered fit to hold the office’. Thus, unlike the current dispensation, appointment of the senior-most judge as the Chief Justice is not automatic.

The NJAC bill has been passed by Parliament, but will have to be ratified by at least half the state assembles before it becomes law. It is certain to face a challenge in SC from those who argue that its provisions curb the independence of judiciary.

Justice Lodha has been succeeded by Justice HL Dattu, the senior-most judge in SC. After Justice Dattu demits office in December 2015, he will be succeeded by Justice TS Thakur.

In a freewheeling chat with ET on Saturday at his residence, Justice “Everyone, who is worried about the independence of judiciary, will be cautious, and nobody from other organ should encroach upon, this way democracy will be strengthened. The existing Collegium system is better, judges are most suitable to check suitability, they know about the conduct, competence, integrity of people to be appointed as judges.”

He recalled his meeting with Dr Chris Stephens, Chairman of the UK Judicial Appointments Commission, the body that appoints judges. “...they have achieved transparency and (maintained) quality of judges.”