PM ON APPOINTING JUDGES

PM ON APPOINTING JUDGES











It refers to media-reports about Prime Minister now directing Union Law Minister not to desist from giving the executive’s inputs on judicial appointments recommended by judges’ collegiums. Till now, Department of Justice has functioned merely as a ‘Post Office’ passing files relating to judges’ appointments without putting any comments from its own. Country needs a sensitive Law Minister who can be effective to eliminate corruption and misconduct in higher judiciary ensuring much-needed transparency in the system. Surprisingly persons with political affiliation are not barred to hold sensitive posts of judges in .











should follow countries like US and to have perfect transparency in judicial appointments. Judicial independence should not become judicial dictatorship. Even five-judge bench of the

Apex Court

headed by Justice PN Bhagwati in the matter ‘SP Gupta vs Union of India (1981suppSC87) favoured for making public the opinion of all members of Supreme Court collegium despite any dissent. Best is to appoint a National Judicial Commission with retired Supreme Court judges as member-nominees of President, Prime Minister, Opposition Leader, Chief Justice and Supreme Court Bar association with Central Vigilance Commissioner as its member-nominee. This commission may clear names for all posts equivalent to judges of higher courts including of judicial commissions formed by

Union

and state governments apart from looking into complaints against judges of higher courts.