New Delhi

Kapil Sibal, a senior advocate and president of the Supreme Court Bar Association, raised concerns about the evolving decisions of liberal judges after they become Chief Justices of High Courts. Speaking at the Sikkim Judicial Academy, he noted that judges who once maintained liberal viewpoints often change their ruling styles as they seek elevation to the Supreme Court.

Sibal explained that this shift occurs naturally as judges aspire for higher positions. He criticized the Collegium system, stating that the appointments in the higher judiciary are not always based on merit. Chief Justices tend to consider potential Supreme Court judges for elevation, which can lead to a subtle alignment in their judgments.

He recalled that the Collegium was initially established to reduce political influence and ensure that judges were appointed based on their professional qualifications. However, he observed that this has changed, with aspiring judges now seeking recommendations from sitting judges instead of relying on political figures.

Sibal pointed out that the process for selecting Chief Justices for the Supreme Court lacks clear criteria, creating confusion. This ambiguity results in Chief Justices striving for elevation without understanding the selection standards. He emphasized that this informal hierarchy between High Courts and the Supreme Court has created a dependency, where judges seek endorsements from their superiors to advance in their careers.