Supreme Court Agrees To Hear Plea Against Collegium System; Lawyer Cites Interview Of Justice Kaul On 'Faults' In System

The Supreme Court on Monday (January 8) agreed to constitute a bench to hear a plea raising concerns regarding the collegium system in place for the appointment of judges in the Supreme Court and Higher Judiciary.

Advocate Mathews Nedumpara mentioned the petition, which seeks to abolish the collegium system, before Chief Justice of India DY Chandrachud for urgent listing. The lawyer said that the recently retired judge Justice Sanjay Kishan Kaul had highlighted 'faults' in the present collegium system in his interview to the PTI in December 2023.

Taking note of the point, the CJI agreed to constitute a bench.

Justice S.K. Kaul in his interview with the PTI highlighted how the present collegium system is facing internal 'frictions'. Having been part of the collegium system himself, he explained that the striking down of the National Judicial Appointments Commission (NJAC) Act by the Apex Court in 2015 led to angst amongst the political circles who had unanimously passed the law which is now being effected in the 'smoothness' of the working of the collegium. He said that the pending appointments of the names as recommended by the collegium to the Government are a 'reflection' of this present friction.

Case : Writ Petition no. 1005/2022