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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Sujit Nair raises concerns over speculation of DMK-AIADMK understanding to block TVK
Chennai: Journalist and political commentator Sujit Nair has expressed concern over speculation that the Dravida Munnetra Kazhagam and the All India Anna Dravida Munnetra Kazhagam could explore a post-poll understanding to prevent Vijay-led Tamilaga Vettri Kazhagam from forming the government in Tamil Nadu.
In a social media post, Sujit Nair said the election verdict in Tamil Nadu reflected a clear public demand for political change and argued that the mandate should be respected irrespective of political preferences.
Referring to reports and political discussions surrounding a possible understanding between the DMK and AIADMK, he said he hoped such developments remained only speculative conversations and did not turn into reality.
Nair stated that if such an alliance were to take shape, it would raise serious questions about ideological politics in the country. He said TVK had emerged through a democratic electoral process and that the legitimacy to govern in a parliamentary democracy comes from the people’s verdict.
According to him, attempts to prevent an electoral winner from forming the government through unexpected political arrangements may be constitutionally valid, but many people could view them as politically opportunistic.
He further said that such a move could particularly affect the political image of the DMK, which has historically projected itself around ideology, social justice and opposition politics. Nair said that in ideological terms, the DMK appeared closer to TVK than to the AIADMK, and joining hands with its long-time political rival only to remain in power could weaken its broader political narrative.
He added that the same questions would apply to the AIADMK as well, as the party had spent decades positioning itself against the DMK and such an arrangement could create discomfort among its cadre and supporters.
Drawing a comparison with Maharashtra politics in 2019, Nair said he had expressed similar views when the Shiv Sena formed an alliance with the Indian National Congress and the Nationalist Congress Party after the Assembly elections.
He said post-poll alliances between long-standing political rivals often create a public perception that ideology and electoral mandates become secondary when political power equations come into play.
Nair also said such developments increase public cynicism towards politics and reinforce the belief among voters that ideology is often sidelined after elections.
He maintained that the Tamil Nadu verdict was emphatic and said respecting both the spirit and substance of the mandate was important for the credibility of democratic politics.
