Ex-CJI Justice UU Lalit Exclusive: 'Went by my conscience in verdict on EWS reservation'

"As a judge you decide cases which go by your conscience," Justice U U Lalit, former Chief Justice of India, told Asianet News in an exclusive interview

"I went by my conscience" in taking a decision in the verdict on reservations for Economically Weaker Sections, Justice U U Lalit, former Chief Justice of India, told Asianet News. 

"As a judge, you decide cases which go by your conscience. According to my conscience, the view taken by Justice Bhat was the most appropriate one," he said, referring to the Supreme Court verdict on November 7 that upheld the validity of the 103rd Constitutional Amendment Act 2019 that offered 10 per cent reservations for Economically Weaker Sections in educational institutions and government jobs.

The five-judge Constitutional bench had three judges concurring that the EWS quota should be upheld, while Justice Lalit and Justice Bhat dissented.

In the exclusive interview with Asianet News, Justice Lalit, who retired on November 8 after a 74-day tenure, referred to Constitutional benches as the highlight of his days in office. "We had six Constitutional benches one after the other. That gave the entire strength of 30 judges to be part of them," he said.

Speaking about the verdict on Sree Padmanabhaswamy temple, he termed Justice Indu Malhotra's remarks about it as 'her view'.

"What we decided was the case that came up before us based on facts and the law which had to be applied to the case. And, as far as the management of the temple is concerned, the then royal family of Travancore must have some connection with that because that is the statutory intent. After seeing all these statutory provisions, that is what we ruled," Justice Lalit said.

To the question on the criticism against the collegium system of appointing judges, he replied that it has "certain grey areas as to if a recommendation is made by the collegium, within how much time the response must come from the government, within how much time they must act on the recommendations. So, there are certain timelines which are not yet arrived at. That is one area which needs improvisation."

Justice Lalit said that he did his level best as CJI to complete the process for the selection of four Supreme Court judges. "The particular meeting could not be held; I wrote to everyone. I tried my best. In a collegium, there are bound to be differences that need to be sorted out. But we never had the opportunity," he said.

Asked whether he would take any post if the government offered, Justice Lalit replied, "If the position is something that the parliamentary law has thought of or contemplated, there is nothing wrong in accepting it. For other positions, I think it is for the individual to consider or take a decision."