No better alternative than the existing collegium system: former SC judge

The Constitution of India is certainly an empowering and finely crafted instrument, the heart and soul of which is encapsulated in its Preamble, he elucidated.

Published: 09th February 2023 12:07 PM  |   Last Updated: 09th February 2023 06:52 PM   |  A+A-

Supreme Court.

A view of the Supreme Court in New Delhi. (File Photo)

Express News Service

RAIPUR: Amid the ongoing debate over the collegium system that paves way for the appointment of judges in the Supreme court and the high courts, Justice Deepak Gupta, former SC judge and ex-chief justice of Chhattisgarh observed that at present there is no better alternative than the existing system and it is the constitutional principles and morality that needs to reign supreme.

While sharing his views at Hidayatullah National Law University Raipur, he felt that the merit and integrity of the person is the only component in the appointment of judges whereas holding objections based on sexual orientation or free speech acts is not a welcome thing.

“It is essential for the collegium to have meaningful consultation in the appointment of judges though it is not necessary to have a government representative which could lead to unintended complications”, Justice Gupta asserted.

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The former Justice of the Apex Court recollected that as a judge he looked at the Preamble as the defining document to deal with any case. “Constitution of India is certainly an empowering and finely crafted instrument, the heart and soul of which is encapsulated in its Preamble”, he elucidated.

Speaking on the concept of the ‘Will of the People’ or ‘Rule of Law’ theme, he observed that though 'Will of the People' is the cornerstone, one needs to analyse whether any government which gets its mandate of first past the post really represents the ‘Will of the People’ in a true sense.

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“In this context, the Rule of the Law assumes importance to balance the actions with the mandate of the Constitution which is really the Will of the People”, he added further.


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