Nothing is perfect; we need to find better system to replace collegium: Former SC judge Oka

Under the present system, a collegium of senior-most judges makes recommendations to the Union government for appointment of judges to High Courts and the Supreme Court

Retired Supreme Court justice Abhay Oka on Friday said some people might hold the view that the collegium system of appointing judges is faulty, but then a better system will have to be found.

No system is perfect, he said, speaking on "Holding the government to account: The role of an independent judiciary and a free press" at an event in Mumbai.

Under the present system, a collegium of senior-most judges makes recommendations to the Union government for appointment of judges to High Courts and the Supreme Court.

"Somebody may say the collegium system is wrong, but then we have to evolve a better system to replace the existing collegium system," Justice Oka said.

"No system can be perfect. Every system has its flaws. Judiciary has its flaws, executive has its flaws. So we have to find a better system....evolve a better system," he added.

He was replying to a question about the working of the collegium system and how the appointment of certain judges was delayed.

"The delay comes after the collegium has made the recommendation," he said.

There is a judgment which says the government can send back a recommended name for reconsideration of the collegium (instead of avoiding taking a decision), but this judgment is not being implemented, Justice Oka added.

Talking about the fundamental right of speech and expression, he said a judge may not like something written or said by someone, including a politician or stand-up comedian.

"But as a judge, my duty is to only find out if there has been any violation of a law or fundamental rights. I can only write a strong judgment and my duty ends there," Justice Oka said.

The media, however, has the power to shape, mold or change public opinion or perception, and hence can take a stand on whether something is right or wrong, he added.

On the issue of environmental protection, Justice Oka said that in Mumbai, politicians often come down heavily on courts when pro-environment orders are passed.

"There is always an attempt by the executive to overreach court orders when matters are pertaining to the environment," he said, adding both the media and judiciary should ask themselves if they had done enough to protect the environment.