Justice M R Shah, who retired earlier this week, said the collegium system is working well but pointed out that there is a scope for improvement. He ruled out any difference between the government and the judiciary.
Justice Shah refused to make any comment on same-sex marriage, saying the matter is sub judice.
“At present, the Collegium system is working well but in every system, there is a scope for improvement. There may be a requirement for further addition or change. There is no question of any criticism, there may be delays in one or two appointments but that does not mean that there is any difference between the two stakeholders (judiciary and executive). It’s working very well. There may be a requirement for further improvement which can be done by mutual dialogue and MOP being modified,” Shah told CNN-News18.
Justice Shah said even though he would miss the courtroom but will begin a new inning and may even serve as a mediator. “I’m not a person to retire. I’ll begin a new inning. I’ll continue to work. I’ll miss doing work in the courtroom, I’ll miss delivering a judgment. I decided on the toughest matters too. I’ll miss all that. I may serve as an arbitrator, mediator etc,” he said.
Social Media is Powerful But It Doesn’t Affect Rulings: Justice Shah
The retired SC judge said social media is very powerful these days but it doesn’t affect the decision-making. “So far criticism is concerned, one may criticise the judgment but one shall not criticise the judges. Judges have nothing personal, a judge delivers judgment based on his conscious and the four corners of law,” he said.
“So, no use criticising the judge, virtually it would be demoralising the whole system and it would affect the justice delivery system,” he added.
Commenting on the SC ruling in Maharashtra political crisis, Justice Shah said it is a very important political matter and it would have a far-reaching effect in the future also.
“Our decision was unanimous and we laid down the law in terms of Speakers’ power in democracy and how it functions. Political morality and all has been taken care of,” he said.
Criticism Baseless & Useless: Justice Shah on Judges Taking Posts After Retirement
On judges taking up posts after retirement, Justice Shah said such criticism is totally baseless and useless. “Such criticism shall be ignored, only a few people out of 140 crores give such criticism and one shall not be swayed away from that. There is nothing like a quid pro quo. The judge acts as per conscious, those who don’t know the reality and hard facts, they go on criticising,” he said.
Speaking on Kiren Rijiju who was removed as the Law Minister, the retired judge said, “During his tenure…there might be reshuffling, saying that he’s removed is a little harsh. During his tenure also everything went well, because, ultimately it is a coordinated decision of the Central government, Ministry and all. There may be some reason why he has been reshuffled.”
Everyone Has to Change with Time: Justice Shah on New Tech in Courts
Justice Shah advocated the adoption of technology in courts, saying everyone has to change with time.
“Everyone has to change with time, earlier even I wasn’t used to it. Chief Justice Chandrachud forced me to learn all this digitally. I accepted the challenge. Paperless courts save paper, you are ultimately saving trees and it affects the environment,” he said.
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