New Chief Justice of India, Justice R M Lodha differs from predecessor
New Delhi: Differing with his immediate predecessor P Sathasivam’s view that chief justices need to have a fixed tenure of two-years, the new CJI, Justice R M Lodha said such an arrangement would affect the Judge next in line.
Talking to reporters here he said, “My view will be little different on the issue. This institution works on discipline. The fixed tenure is bound to affect the next member. If there is a fixed tenure of CJI then the legitimate expectations of other judges would be taken away. Average tenure of Supreme Court judges is less than four years then how do you expect fixed tenure of two years for the CJI.”
The 41st Chief Justice however favoured wider consultations with those outside the collegium as well. He however hastened to add that he was not commenting on the collegium system of selection and appointment of judges. “This (wider consultation) is only for additional inputs. There is no tinkering with the memorandum of procedure prescribed by the Ministry of Law”, he said.
Answering a question on the kith and kin practicing in the same High Court, the new Chief justice said that the Bar should take a pro-active stand, as the Judges are helpless in such matters. He said, “Bar has the disciplinary control over the members. It is for the bar to take action and closely follow the conduct of the members. What can a judge do if some lawyers do not adhere to ethics. Rules are there and bar has to take action.”
He further said, “If my son or daughter does not follow the code of conduct then Bar has to take action. Unfortunately, the role which the Bar is required to play is not being played by the Bar and unfortunately we are blamed.”
Emphasising that his top priority would be appoint people with impeccable character to the Judiciary apart from ushering in transparency within the Judicial system he said, “My first priority would be to appoint judges in high courts and the Supreme Court. My mantra is appoint good judges and rest will follow on its own. If we have good judges then we would have entire new complexion of judiciary in the next 7 or 8 years down the line.”
He added, “I am bringing more transparency and wider consultation in appointment of judges. Consultations to be done with 2-3 judges outside the collegium and with 2-3 lawyers of impeccable integrity.” When asked about reservation in the Judiciary, Justice Lodha said, “judiciary knows no class, no caste, no majority, no minority, and we have to maintain balance. Why cannot be a talented lawyer spotted?
