Justice J Chelameswar was the dissenting judge in the 4:1 verdict.
As the Supreme Court today struck down any role for the government in the selection of judges, one of the five judges in the Constitutional bench took a different view.
Justice J Chelameswar was the dissenting judge in the 4:1 verdict that favoured the collegium system of judges deciding on the appointment and transfer of Supreme Court and high court judges.
The judge said there were "cases where the collegium of this Court quickly retraced its steps" having rejected a name recommended by the High Court collegium, giving scope for speculation on what led to such a quick volte face. "There is no accountability in this regard. The records are absolutely beyond the reach of any person including the judges of this Court who are not lucky enough to become the Chief Justice of India," said Justice Chelameswar.
He observed that the errors and conflicting decisions by various Supreme Court benches indicated that a comprehensive reform was overdue. "Selection process of the judges to the constitutional courts is only one of the aspects of such reforms," he said.
Justice Chelameswar was the only one to uphold the law that came into force in April for the creation of a National Judicial Appointments Commission of six people including three non-judicial members.
The law was passed in Parliament, which approved a constitutional amendment even when the court was still hearing petitions challenging the government's role in the appointment of judges.
The verdict runs into 1030 pages and also says the Supreme Court will hear proposals for improving the two-decade long collegium system.