Collegium system opaque, has failed: AG

Putting up a strident case for the new system of judges appointment, Government today submitted before the Supreme Court that the collegium method has failed because it was an "opaque mechanism" which has "stifled democracy".
On a day, Attorney General Mukul Rohatgi attacked the collegium system and demanded a revisit of the 1993 verdict by a larger bench, the court indicated that it can take a call on on the issue even before his arguments are over.
Continuing his arguments before a five-judge bench hearing the challenge to the National Judicial Appointment Commission (NJAC) Act, he asserted that "today democracy is back" with the bringing in of the new system.

The top law officer, who has been closely questioned by the bench for seeking revisit of the apex court's 1993 verdict that gave primacy to Chief Justice of India in appointments to higher judiciary, said there was a lack of transparency in the previous system which has been evident from the fact that even under the RTI law entire information on the working of collegium system was not forthcoming.
"Why in the age of RTI, nobody is entitled to know what decision is taken by the collegium," the AG told the bench headed by Justice J S Khehar and demanded the matter be referred to a larger bench than the nine-judges bench that gave the 1993 verdict.

He said a particular system of appointment of judges cannot be the "fulcrum" of independence of judiciary which is subject to "checks and balances" as enshrined under the Constitution and the new law has restored "democracy" in the process.

The bench, also comprising Justices J Chelameswar, M B Lokur, Kurian Joseph and Adarsh Kumar Goel, questioned the fairness in the Centre asking the matter to larger bench.
But it later relented saying it can take a call on referring the matter to a larger bench even before hearing the AG completely.
"We are recording what you are submitting. You continue and we can take a call on the issue of larger bench. It's too important a matter to rush in," the bench said and added, in a lighter vein, "the only grievance we have is that of too much of homework".

"I want a clean slate so far as the bench is concerned. I am only pointing the facts before the court...Your Lordships will have to take call on it," the AG said.
He said if the nine-judge judgement was not there, then "my case would have been better and a decision on it may be taken today itself".