NEW DELHI:
Terming the collegium system of judges appointing judges as “illegal”, Government today contended in the Supreme Court that “everything is not well” with it.
It also said that petitions challenging the validity of laws to replace the two-decade-old collegium system were “premature” as they have not come into force in the absence of notification.
Attorney General Mukul Rohatgi said, “Experience has shown that everything is not well with the collegium system…But for the moment, I will not go into the validity of the collegium system.” He said “collegium system is illegal” and there have been widespread criticism of it including from the judges of the apex court.
He said the new system that is likely to be introduced is a “healthy mixture of three judges and two members of civil society who are to be selected by a high-powered panel consisting of Prime Minister, Leader of Opposition or the Leader of the largest party in the Lok Sabha and the Chief Justice of India”.
Rohatgi said there was no ground before the court to examine the validity of the laws and as such the challenge is “abstract” and “academic” based on “surmises and premises without any basis”.
“Unless and until, the Central Government comes out with notification the law remains dormant,” the Attorney General submitted before a bench comprising Justices A R Dave, J Chelameswar and M B Lokur. (AGENCIES)
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