What is the mechanism to deal with corruption, he asked and added that the only mechanism that is there as far as the higher judiciary is concerned is Article 124 of the Constitution.

"We moved an impeachment motion, signed by more than 50 members of the Rajya Sabha, and that has not seen the light of the day. There was earlier an impeachment motion against a CJI, that too was blocked. So if you cannot move forward under the constitutional process and there is no alternative effective mechanism to deal with such issues, where do we go?" the Rajya Sabha MP said.

"That is the question we must ask ourselves and that is the question the judiciary must ask itself," Sibal added.

He said the perception of the public certainly is that the confidence that "we had in the judicial system seems to be on the decline".

Asked about his criticism of the Collegium system in appointing judges in the higher judiciary and what is the alternative, Sibal said that alternative can only be found if the judiciary and the government believe that there should be an alternative.

"Now the government believes that the National Judicial Appointments Commission (NJAC) is the solution. The Supreme Court Collegium believes that theirs is the best system. Unless both these institutions accept the fact that both versions of accountability and the process of appointment are grossly inadequate, only then can we have an alternative," Sibal said.

The senior advocate said there can only be a solution when one states that there is a problem.

"So, if the Supreme Court itself realises that the Collegium system is not functioning in the manner that it should, only then can there be alternatives. Then we can come forward and suggest what the alternatives should be," he said.

If the government believes that the NJAC is not the ideal solution for the process of appointment, only then there can be an alternative, he said, pointing out that the process should be transparent, looking at merit and not favouring persons who are ideologically and deeply committed.

"So, both institutionally, the government and the judiciary, must accept the fact that these systems that are in place are not working, once they accept that, there are a lot of solutions that are possible," the former minister said.

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