New Delhi, September 23: The Supreme Court on Wednesday questioned the Centre’s selective implementation of recommendations made by the Collegium, with Justice Dipankar Datta observing that the oft-repeated assertion that “judges appoint judges” is a “myth”.
Justice Datta said judicial appointments are not made exclusively by judges but involve a detailed consultative process under the Constitution, with the participation of the Executive, intelligence and other agencies, and ultimately the President.
His observations came while the court was considering the Centre’s argument that the exclusion of the Chief Justice of India from the selection panel for Election Commissioners could be justified by drawing a parallel with the Collegium system.
Justice Datta said selective approval of Collegium recommendations by the Executive undermines the sanctity of the appointment process. He observed that the judiciary has, on several occasions, proceeded with partially cleared recommendations to avoid a confrontation that could lead to a constitutional crisis.
Questioning how long such selective implementation could continue, Justice Datta said the situation had placed the constitutional vision of an independent judiciary under “serious strain”.
“The oft-repeated phrase that ‘judges appoint judges’ is a myth, which people have been fed by vested interests through motivated narratives, often drawing sustenance from certain controversial decisions taken in this century in relation to the appointment of judges,” Justice Datta said.
He further observed that describing the Collegium as an institution that “acts as a law unto itself” amounted to an over-simplification of the constitutional process.
“A sweeping generalisation that the Collegium acts as a law unto itself overlooks the detailed consultative process envisaged under the Constitution and the intrinsic role of the executive, both at the Centre and in the States, as well as intelligence and other agencies in the appointment process, including vetting of credentials, and the fact that every appointment bears the imprimatur of the President,” he said.
