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CJI defends collegium system of appointment of judges

New Delhi: The Chief Justice of India, P Sathasivam, on Saturday defended the collegium system for appointment of judges in higher judiciary but said it is a prerogative of the Centre to bring a bill

PTI PTI Updated on: September 14, 2013 15:06 IST


“So don't be afraid of backlogs,” he said while emphasising the need for adopting technology to reduce the pendency.








He said institutions are the bloodline of a democracy which include the elected legislatures, functional executives, vigilant judiciary, free press and specialised bodies like Election Commission, NHRC, CAG.

Democratic system

“Democratic systems consist of networks of interwoven and mutually reinforcing relationships between key institutional spheres. Even a partial failure of one organ will hamper the whole mechanism of governance since the potential of these institutions primarily lies in their interactions and interdependence on each other.

“Democracy is such a form of governance where no one is superior to another and more importantly one cannot exist without another,” he said.

“The framers of our Constitution have intentionally instituted the idea of check and balance system so that we need no outsider to judge us rather our own institutions will govern each other.”

He said every time, there may seem to be a difference of opinion but it needn't necessarily be a conflict but an intimidation for improvement.

Only when the interaction among the institutions is healthy can the country occupy a prominent position in the world politics. “We should cultivate and foster such interactions among the democratic institutions if we envision to be a predominate power in the world politics in the near future,” he said.

Maintaining an independent judiciary is essential to the attainment of the judiciary's rule of law governance objective and the proper performance of its functions in a free society.

Judicial independence ensures that powerful independence must conform to the law.

“With an independent judiciary, no one is above the law and no one is below the law. Without it, there is a little hope for the rule of law. Thus, the need for judicial independence is not for judges or the judiciary per se but for the people,” he said.
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