This is the first time that an incumbent CJI has acknowledged the need to broad-base the system though his predecessors have harped on bringing transparency and wider consultation in judges' appointments.
The CJI also said it was for the Bar Council of India and state bar councils to take disciplinary action against the practice of relatives of judges practicing in the same high courts. On bench hunting, he said bar associations needed to be vigilant.
He also disagreed with his predecessor Justice P Sathasivam on the need to have a fixed tenure for CJI and chief justices of HCs. "My view is a 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 suffer. On an average, the tenure of a Supreme Court judges is less than four years then how do you expect fixed tenure of two years for the CJI," he said.
In an interaction with the media hours after he took oath as CJI, Justice Lodha delved into a range of issues affecting the judiciary. Even though he defended the system of appointment of judges through collegium saying there was "no other suitable system" the CJI indicated he would initiate wider consultations for appointing judges in HC and the SC.
"My first priority would be to appoint judges in high courts and the Supreme Court. My mantra is to appoint good judges and rest will follow. If we have good judges we would have in 7-8 years of time an entirely different complexion of judiciary," Justice Lodha said.
The CJI said he intends to write to all high court chief justices "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 good eminence," he said.
The CJI said he would be writing today to all chief justices of high courts in the regard. "Expanding consultations is with a view to have wider information. To have a better person, a suitable person, wider inputs always help in a proper decision. What I mean is knowledge of law, social behaviors, legal acumen and court behavior. A lawyer knows more than judges about other lawyers behavior outside court," he explained.
But he was quick to clarify that his comments must not be seen as expressing any reservation against the collegium system of appointments. "This is only for additional inputs. There is no tinkering with the memorandum of procedure prescribed by the ministry of law," he said, adding that "other than the collegium system there is no oth er suitable system." Referring to the judicial appointments bill, the CJI said if it is constitutional then it is valid else "courts will see".
Reminding bar councils and associations about their responsibility, Justice Lodha, who took over as 41st CJI on Sunday, said there was little the judiciary could do on relatives of judges practicing in the same HC. "What can a judge do if some lawyers don't adhere to ethics? The bar and the bar councils must step in and take action. It is unfortunate that the role bar councils are required to play they not doing but judiciary is being blamed," the CJI said.
"If my son or daughter does not follow the code of conduct then bar has to take action," he said, adding that bar should also be vigilant on the issue of "bench-hunting" which cannot be tolerated.
On a question if some sections are poorly represented in the judiciary, the CJI said, "Judiciary knows no class, no caste, no majority, no minority. I believe talent is available in all categories. A talented lawyer should be spotted early by the judges and they should then watch his conduct before inducting."
The CJI admitted that sexual harassment complaints against retired apex court judges had dented the image of the institution but reiterated that a mechanism was in place as per the law and Vishakha judgment has culminated in law, which has to be strictly followed. "Every act which is not good for society is also not good for judiciary," he said.
Justice Lodha took over from Justice Sathasivam who demitted office on Saturday after nine months as the head of the judiciary. The brief ceremony at Rashtrapati Bhavan's Durbar Hall was attended by Vice-President Hamid Ansari, Prime Minister Manmohan Singh, some Union ministers, retired and serving judges and members of the bar, besides Justice Sathasivam. No opposition leader was present at the function. Justice Lodha will have a brief tenure of five months as CJI and is due to retire on September 27.
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