SC Collegium and the role corporate houses play

3rd May 2019

3rd May 2019

Is Collegium all about fair play?

(Vibhor Anand is a young Supreme Court lawyer who is stirring up twitter with his bold threads, turning the searchlight on judiciary itself which he believes needs a massive clean-up. His latest twitter thread is reproduced here for the benefit of readers).

It is well-known fact that the Judges of the HC/SC are appointed on the recommendations of the Collegium of five senior-most judges of the Supreme Court. Let me give an insider’s view of how this Collegium system works and the role corporate fixers play in eventual appointments.

History of Collegium: The foundation of present prevalent Collegium system was laid in1993 by the Supreme Court and it got its final present shape in the 1998 Presidential Ref case which started the era of judicial activism. The CJI heads this Collegium.

The process of a person to be appointed as a judge of HC starts with chief justice of the HC recommending his/her name for elevation to the SC Collegium. Normally lawyers designated as Senior advocates by the HC in preceding 2-3 years are recommended for appointment.

The SC Collegium on receiving names of lawyers from different High courts scrutinizes the same and recommends the same to the President of India for appointment as a judge of the HC.

But is the process as simple as it looks like???

In my previous thread I discussed how corporate fixing is done in the SC and how lawyers close to the judges are designated as Senior Advocates. Read it here to understand the process. It is the first step to become a judge of HC.

 The senior advocates who are recommended for appointment as a judge of the HC are closely associated with different corporate houses and these corporate houses leave no stone unturned to get their associates elevated to the bench and for this the lobbyists in SC are used.

The lobbyists in the SC are none other than the top Senior Advocates and Law Firms who also are the employers of the Relatives and close associates of the sitting judges in the Collegium. The corporate houses through these lobbyists are involved in the deep corrupt practices.

Financial Dealings: Behind the closed doors a rate card is famous for different High Courts in the country. The rate varies for different High Courts depending on the prestigious nature of the HC.

Mode of Payment: In the year 2008 when one of my close relative was offered to be appointed as judge, A relative of a judge in the Collegium was main liaison and the mode of payment was in transferable shares of different companies and rate varied from 1.5-5.5 cr.

Current Scenario: The current scenario of financial dealings have completely changed due to heavy digitalisation in the country. But lawyers are masters in finding the loopholes and exploiting them

During my research on this I came to know about a sitting Supreme Court judge who was closely associated with top corporate houses before elevation and how these corporate fixers got the name cleared from the Collegium despite a negative IB report and appointment was done.

These corporate lobbyists in the garb of black gowns are sitting on cash flow of thousands of crores in the form of crypto currency and majority of the transactions are completed smoothly without any trace due to lacuna in the law.

My research on this is on an advanced stage and I hope to unearth more in coming days and expose these people who are biggest threat to our country.

Jai Hind.

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