Jagdeep Dhankhar lamented on Saturday that retired judges have kept the country's arbitral system in a «tight-fist grip», denying a chance to other qualified minds, and echoed the remarks of Chief Justice of India D Y Chandrachud that it resembles an «old boys' club». Dhankhar suggested that the time has come when people need to introspect and move forward by bringing about necessary changes, including, if required, by legislation.
«Nowhere on the planet, in no other country, in no other system there is such a tight-fist grip on the arbitral system by retired judges.
In our country, this is at large,» he said.
The vice president lauded the «bold» remarks of Justice Chandrachud — a person, he said, is changing the landscape of the judiciary in the country — on the arbitral system in India.
Dhankhar said the CJI reflected on the lack of diversity in appointing arbitrators.
Justice Chandrachud had said retired judges dominate the field, he pointed out.
«He goes on to add, and I salute him for this, he said while other qualified candidates are overlooked, he implied that this reflects an old boys' club mentality within the arbitration space,» Dhankhar said.
He added that the «bold» statement of Justice Chandrachud would go a long way in making the arbitral process in India «spinally strong».
Dhankhar said India is known for its human resources. «In every domain, in every walk of life, we have people who can take a look at it. But they are not built up to adjudicate an arbitrary process,» he rued.