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Fali Nariman accepted that there are flaws in the collegium system, said – commission of 5 members made for the appointment of judges – Fali Nariman proposes 5 member commission for appointment of judges

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Fali Nariman accepted that there are flaws in the collegium system, said - commission of 5 members made for the appointment of judges - Fali Nariman proposes 5 member commission for appointment of judges
Aditya Chaudhary

Eminent jurist Fali Nariman has said that the Law Minister and the Chief Justice should talk to each other to remove obstacles in the process of appointment of judges in the Supreme Court and High Courts.

Padma Vibhushan Fali Nariman, one of India’s elite legal luminaries, in an exclusive conversation with India Today’s senior journalist Rajdeep Sardesai, said that the solution to this problem lies in the NDA government’s 2003 Constitution Amendment Bill (NJAC Bill), which is based on the recommendations of the Venkatachaliah Commission. was based on.

94-year-old Fali Nariman said that in this bill, there was a proposal to form a national commission of 5 members for the appointment of judges in the High Court-Supreme Court. In these 5 members, 3 senior most judges were to be included. He said that there was a provision in this bill that the decision on the appointment of judges would have been taken on the basis of majority.

In a conversation with India Today, jurist Fali Nariman explains why the Supreme Court struck down the NJAC Bill in 2015. Nariman said, “The NJAC Bill was different from the recommendations of the Venkatachaliah Commission. It included 2 people who were not lawyers, included non-judicial members who could run their own opinion apart from what the judges suggested and Could veto his decision.

Fali Nariman admitted that there are problems with the collegium system, the current system of appointment of judges. He said that if it is said clearly, it is not the job of the judges to appoint other judges.

Senior jurist Fali Nariman also appeared to agree with Law Minister Kiren Rijiju’s proposal where he said that the current system of appointment of judges should also have a member from the government. He said, “‘The Law Minister was right when he suggested in a letter why a person nominated by the Law Ministry should not be in the collegium. I have no problem with that. I don’t think anyone should be .”

While advocating dialogue between the judiciary and the legislature, he said that if these two do not meet then trust ends. Things go to the press again and again, it is better that they meet each other. Dialogue is the only solution to solve this problem.

He said Law Minister Kiren Rijiju’s aspersions on the judiciary were “quite unnecessary”.