Kapil Sibal criticises collegium system, notes shift in liberal judges' stance upon becoming CJ
New Delhi: Senior Advocate and Supreme Court Bar Association President, Kapil Sibal, on Saturday expressed concern over the tendency of liberal judges' rulings evolving after their elevation to High Court Chief Justice positions. He observed that judges with a liberal stance often appear to adjust their judgments subtly as they aspire for further elevation to the Supreme Court.
Delivering a lecture at the Sikkim Judicial Academy, Sibal, also a Member of Parliament, remarked, "Judges who were notably liberal seem to subtly alter the tone of their judgments upon becoming Chief Justices. This happens due to natural human aspirations, as many wish to reach the Supreme Court."
Sibal critiqued the Collegium system, noting that appointments within the higher judiciary are not consistently merit-based. He explained that Chief Justices often look to Supreme Court judges for possible elevation, leading to a subtle alignment in their rulings.
Reflecting on the creation of the Collegium, Sibal stated that its purpose was initially to counter political influence, ensuring judges were chosen based on professional assessment rather than political lobbying. However, he added, the outcome shifted, with aspirants now approaching judges for recommendations instead of politicians.
Sibal also pointed out the absence of clear parameters in the selection process for elevating Chief Justices to the Supreme Court, noting, "This ambiguity leaves Chief Justices striving for elevation without a clear understanding of the selection criteria."
He further highlighted that this informal hierarchy between the High Courts and the Supreme Court has inadvertently created a system of dependency, with judges at various levels looking to advance through endorsement from their superiors.
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Karnataka to approach SC seeking permission to continue MGNREGA
Bengaluru (PTI): The Karnataka Cabinet on Thursday decided to approach the Supreme Court seeking permission to continue implementation of MGNREGA in the state, contending that the Centre had repealed the rural employment guarantee law without consultation and failed to put in place any alternative mechanism under the VB-G RAM G Act.
Briefing reporters after the Cabinet meeting, Karnataka Law and Parliamentary Affairs Minister H K Patil said the state would immediately move the apex court seeking permission to prepare and implement the annual action plan for rural employment works, while also challenging what it described as an infringement on the constitutional rights of states.
The parliament passed VB-G RAM G in December that replaces MGNREGA.
Patil explained that the Cabinet decided to approach the court seeking permission for the State Government to prepare an action plan in this regard. Since the Centre’s stand interferes with the constitutional rights of state governments, the Cabinet has also decided to challenge this issue before the appropriate court
“There are two points here. One is that they have come in the way of our constitutional right of providing the right to work. That has been halted, and, therefore, the State Government has decided to approach the Supreme Court. The second point is that the Government of India has not provided any alternative,” the Minister said.
The Central Government has not yet issued a notification to implement the VB-G RAM G Act, nor has it made any alternative arrangements and hence continuing Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) is unavoidable in the public interest, the Minister said.
“Therefore, in the interest of the public, farmers and agricultural labourers, we must continue MGNREGA. For that purpose, the Cabinet has decided to approach the court seeking permission for the State Government to prepare the action plan for this year,” he added.
The Minister also said the Centre had only permitted continuation of pending and spillover MGNREGA works without releasing grants or announcing a fresh action plan.
“The Centre itself has said that pending, spillover and half-done MGNREGA works can continue. That means MGNREGA is actually still functioning in practice. But there is no new action plan,” he said.
Patil said the state had already passed a resolution on the issue, while Chief Minister Siddaramaiah had written to the Prime Minister and the Rural Development Minister had held discussions with Union Ministers.
Replying to questions, the minister said the state would move court “as immediately as possible.”
He clarified that the state was seeking permission to formulate and implement this year’s action plan under the existing framework.
“What we are asking the Supreme Court is to allow us to have the action plan for this year and implement it,” he said.
The Cabinet also held detailed discussions on the final report submitted by the State Education Policy Commission headed by former UGC chairman Professor Sukhadeo Thorat.
Patil said a Cabinet sub-committee would be constituted to examine the report and recommend measures for implementation.
“No decision has been taken yet. The Cabinet sub-committee will recommend what should be accepted and what should be modified,” he said.
He said the report comprised around eight volumes and covered issues relating to financial implications, human resources, curriculum reforms, deemed universities, unitary universities and newly established universities. The Chief Minister has been authorised to constitute the sub-committee.
The Cabinet also approved the Karnataka Motor Transport and Other Related Workers’ Social Security and Welfare Amendment Bill, 2026, transferring welfare administration of transport-related workers from the Labour Department to the Transport Department.
The Cabinet further approved establishment of three new industrial estates in Kalaburagi, Yadgir and Surpur under the Karnataka State Small Industries Development Corporation and Kalyana Karnataka Region Development Board schemes at an estimated cost of Rs 200 crore.
The Cabinet also approved amendments to Karnataka Civil Services (General Recruitment) Rules, 2026, providing two per cent reservation in state civil services appointments for sportspersons.
