Three-fourths, if not four-fifths, of the judges of the Supreme Court, Chief Justices of the High Courts, and judges who constitute the Collegium of the Supreme Court and High Courts are the kith and kin of former judges, senior lawyers, Chief Ministers, and Governors—and nobody else.
The Collegium is a synonym for nepotism and favoritism. It has meant a denial of equal opportunities for the sons and daughters of the common people. The NJAC was introduced to undo the Collegium and bring in a transparent and open method for the selection and appointment of judges in the High Courts and the Supreme Court. However, it was struck down—sorry, the elite lobby of the Supreme Court struck it down by way of a judicial coup, spreading the falsehood that the NJAC would lead to “sarkari” (government-controlled) judges.
In truth, the NJAC was nothing but a mini-Collegium. The only difference was that it introduced an element of—a role for—civil society. Two of the eminent members who formed part of the Collegium were to be co-opted by a committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. Yet, many lawyers and the common people had no idea of the true composition of the NJAC. False propaganda was unleashed on such a large scale that even lawyers and the public believed the NJAC would lead to “sarkari” judges.
What the NJAC contemplated was an open selection. Functioning outside the court, the NJAC would have certainly notified vacancies, invited applications from all eligible candidates, formed some kind of mechanism for screening, and elected the most deserving and eligible individuals. That NJAC was aborted. That was a fraud on the people of this country.
Now, restoring the NJAC and bringing an end to the Collegium is not within the means of the Kerala High Court Bar. But as I used to say, in Kerala, we are the most educated state in this country, and all revolutions have come from here. Therefore, if elected as President, I will ask for the participation of the Bar in the selection of judges. The Bar should be consulted, and it should know whose names are being proposed. We will demand transparency, and we will secure it.
I am contesting this election to bring meaningful reforms, and for nothing else. As I told you, whether I win or lose is immaterial to me. However, if I win, that is the mandate of the electorate, and I will certainly work for the much-needed reforms. I will stand as solid as a rock before authority and power. I have done it many times in my life, facing many personal adversities. Mysterious are the ways of the Almighty, and I believe the Almighty has chosen me to be in the service of fellow human beings, the Bar, the litigants, and the public at large.