Shouldn't the appointment of judges be made more transparent?

GN Bureau | February 13, 2010



“The system is opaque. There is no transparency, no procedure. What are the parameters for selection? No one knows what the collegium is looking for in candidates.”

This is what A.P.Shah, chief justice of Delhi high court, said last Thursday referring to the functioning of supreme court's collegium that appoints judges to the apex court.

He went on to add: “Would you not expect a judge to have a humanitarian view? Is he competent? If it is an elevation to the supreme court, are his judgments over the years taken into account? For service judges, there is a system. Their judgments are examined and they are graded. There is no such procedure for elevation to supreme court.”

This was his parting comments on the last day in office. Shah was obviously hurt at being bypassed for appointment as the apex court judge and honestly admitted that. But his comments can not be measured by that yardstick alone. He was no ordianry judge, writing on his blog. He was one of the finest and wrote two land mark judgements in recent times--decriminalisation of homosexuality and bringing the office of chief justice of india within the purveiw of RTI.

Shah's view only strengthens the doubt about the collegium system. Remember how the collegium not only failed to take into account the land-grabbing charge against chief justice of Karnataka high court P.D. Dinakaran while recommending his elevation to the apex court, it also refused to act when the revelations sparked a countrywide uproar.  And finally, when it became too hot to handle, the collegium wrote to the government to take appropriate action, thereby, abdicating its responsibility.

By no means that was an isolated case. Eyebrows were raised on earlier occasions too. The government and various political parties have, for several years, been talking about replacing it with a more borad-based National Judicial Commission.

Now that one of the finest judges has pointed out the flaws in the existing system shouldn't the appointment of apex court judges be made more transparent?


 

Comments

 

Other News

Why Swami Vivekananda is the pathfinder for our times

Swami Vivekananda for Our Times  Edited and compiled by Rajiv Sikri, with Introduction by S. Gurumurthy Rupa Publications, 552 pages, Rs 695  

Five ways to realise the potential of India’s handicraft and handloom sector

India`s economic ambitions are increasingly defined by the industries of the future. Semiconductors, electronics, artificial intelligence and advanced manufacturing dominate policy conversations. Yet one of India`s largest employment-intensive sectors continues to occupy a surprisingly marginal place in ec

Beyond toilets: Why open defecation persists in rural India

Despite the awareness campaigns on sanitation across India, open defecation (OD) is practised openly and widely in both rural and urban areas. Research shows that rural respondents are well aware of the negative impacts of OD, yet this awareness does not lead to toilet construction or use. In rural North I

What unpaid nation builders want from policymakers

The Supreme Court recently described homemakers as “nation builders” and fixed a notional monthly income of Rs 30,000 for them in motor accident compensation cases. The judgment was not about wages. It was about compensation. Yet it inadvertently raised a larger economic question: If a homemake

What the US–Iran peace deal means for India

After months of rising tensions, the United States and Iran have reached a memorandum of understanding called the "Islamabad Agreement." This agreement allows for the immediate reopening of the Strait of Hormuz without tolls and provides Iran with relief from sanctions, depending on its complianc

V. M. Tarkunde: A legal luminary par excellence

14 Lawyers: Portraits from The Bar By Raju Ramachandran  Juggernaut, 248 pages, Rs. 799  





Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter