Former CJI BR Gavai defends collegium system, says fair criticism of judgements always welcome

BR Gavai

Former Chief Justice of India B R Gavai on Tuesday strongly defended the collegium system for appointing judges and said the judiciary is always welcome to fair criticism of judgments.

Speaking to ANI, Gavai said attacking the judiciary without merely for political mileage is extremely wrong. "This is wrong. Judges act according to their perception, according to law and as per the facts before them. Fair criticism of the judgment is always welcome. But criticising the judges for their judgments is not in good taste," said the former CJI responding to a a question on attack by the Opposition on judiciary and constitutional bodies.

Asked to comment on allegations against Justice Yashwant Varma, the CJI remarked: "It was an unfortunate incident. It is wrong to deny that it has affected the image of the judiciary. But now the matter is pending before the Parliament and the impeachment proceedings are already initiated. The inquiry, headed by a sitting judge of this court, is inquiring into the matter. Therefore, as a matter of propriety, it will not be proper for me to comment..."

Justice Gavai also talked about almost all critical issues including the shoe throwing incident, pendency, criticism of his verdicts on Presidential reference, his controversial views on exclusion of creamy layers amongst Scheduled Castes from quota benefits, and under representation of women in higher judiciary.

Strongly defending his views on introduction of a creamy layer concept to exclude affluent people amongst the SCs from quota benefits, he said, "If benefits go repeatedly to the same families, a class within a class emerges. Reservation must reach those who truly need it." "If a chief secretary's son or the child of a landless labourer working in a village... has to compete with the son of an IAS or an IPS officer... would it be on an equal platform," he asked.

He also warned that without such exclusion, reservation benefits tend to be cornered by a few families across generations, leading to a "class within a class." He, however, clarified that the final call on this issue "has to be taken by the executive and the Parliament".