'Judges appointing judges' a widely propagated myth which suits certain sections: CJI NV Ramana

"Judges appointing judges" is a a widely propagated myth, Chief Justice of India (CJI) NV Ramana said on Sunday in defence of the Collegium system which currently appoints judges to the Supreme Court and various High Courts across the country. .The Collegium system, which comprises five senior most judges of the Supreme Court, is considered as having the final say when it comes to appointment of judges to the Supreme Court and High Courts.However, the CJI maintained that there are many players involved in the process of appointment of judges to the Constitutional courts including the Union Law Ministry, State governments, Governors of States, High Court Collegia, Intelligence Bureau, and lastly, the "topmost executive". All of them examine the suitability of the candidate and singling out judiciary for the same is a widely propagated myth which suits the narrative of "certain sections", he stated."It is nowadays fashionable to reiterate phrases such as, “judges are themselves appointing judges”. I consider this to be one of the widely propagated myths. The fact is the Judiciary is merely one of the many players involved in the process. Many authorities are involved including the Union Law Ministry, State Governments, Governor, High Court Collegia, Intelligence Bureau, and lastly, the topmost executive, who all are designated to examine the suitability of a candidate," the CJI said.Even well informed propagate this notion, he lamented."I am sad to note that the well-informed also propagate the aforesaid notion. After all, this narrative suits certain sections," he opined.The CJI was speaking on the topic, 'Indian Judiciary - Challenges of future' at Vijayawada for the fifth late Sri Lavu Venkateswarlu Endowment Lecture held in the memory of the father of Supreme Court judge, Justice L Nageswara Rao..The CJI also stated that High Courts must accelerate the process of making recommendations for appointment of judges to fill burgeoning vacancies. He added that he is constantly persuading Chief Justices of various High Courts to take up the issue of making timely recommendations."My desire is to witness a near zero vacancy. Another issue is the alarming number of vacancies in various tribunals," the CJI said. .The speech also emphasised on improving the service conditions of judges to attract the best talent and fill vacancies. Even after two to three decades of service in the judiciary, after retirement, judges are not given basic security, housing or healthcare, he pointed out."If we are deliberating about a strong, vibrant, and independent judiciary, these must also be deliberated upon," he said..The CJI also recorded his appreciation for the government’s effort in appointing several judges in recent times. At the same, he also reminded the government that some of the recommendations made by High Courts are yet to be transmitted to the Supreme Court by the Union Law Ministry. "It is expected that the government needs to strictly adhere to the timelines laid down in the Malik Mazhar case," he added. .The sanctioned strength of judges in 25 high courts in India is 1,098. Of these, 402 posts are vacant as on December 1.The current Supreme Court collegium, headed by the CJI and which includes Justices UU Lalit, AM Khanwilkar, DY Chandrachud and L Nageswara Rao, recently cleared the appointment of regular Chief Justices to eight High Courts. At present, eight out of 25 high courts are working without regular chief justices..The Collegium also cleared the appointment of nine new judges to the Supreme Court including three women judges..[Read Full Speech]