Appointment of judges

Kashmir Times. Dated: 12/2/2016 10:15:15 PM

Judiciary and the executive blaming each other for delay in appointments of judges is only hurting the interest of common masses

The observations of the Chief Justice of India (CJI) Tirath Singh Thakur that judiciary cannot depend on the executive for appointment of judges in various High Courts of the country and the Supreme Court (SC) assume significance in the wake of central government blaming the SC for delay in filling up vacancies in the HCs. Moreover, the comment that it is only the judiciary which plays an important role and come to the rescue of the people in the eventuality of a "tyrannical regime" in a democracy is also very apt when some of the decisions of the present NDA-regime are being seen as unilateral and threat to federal structure in Indian democracy. For one reason or the other, the CJI has very rightly observed that under the given circumstances, judiciary cannot depend on the executive for its independence because of the previous experiences of interference of the executive in the appointment of judges in various High Courts of the country. This has to be seen in the context of inordinate delay caused in the past in the appointments of the judges for filling up vacancies in the courts besides the administration of justice system in the country. It has to maintain independence in the allotment of cases within the courts and benches keeping in view the urgency of the matters posted before the courts in different parts of the country. In fact, the appointments of some of the judges in the SC and HCs were marked by political interference during the 'Emergency Day' for a period of two years in the 1970s and that experience of the people cannot be forgotten. This was mainly for the reason that the judiciary came to the rescue of the people and helped in setting stage right for some of the political decisions which were deemed as undemocratic and against the spirit of the Constitution of India. The courts also rose to the occasion for interpreting law in its right spirit when autocratic decisions and suspension of civil liberties and personal freedom of all the citizens granted under the constitution were seen as bad in the eyes of law. The CJI, who is demitting office in January next year might be having those experiences of the citizens of India in mind when he made such comments.
Apart from these developments and two institutions of judiciary and executive blaming each other for the delay in filling up vacancies in the HCs across the country cannot be accepted because of the fact that such a stalemate adversely affects the common masses in the adjudication of millions of cases pending the courts. The National Judicial Commission for appointments of judges of the courts has already been scrapped by the Supreme Court in view of ambiguities which challenge the independence of judiciary in the case of administration of courts within and apex court and other judicial institutions spread across the length and breadth of the country. In fact, constitution of the National Judicial Commission was being seen as an attempt to undermine the independence of judiciary. It will not be out of place to mention that the present collegium, which has been making recommendations to the centre with a list of candidates to be appointed as judges in the High Courts but the panels have been rejected by the concerned ministry. The question arises how the law ministry can reject a panel formulated by the collegium, which is well within its right to select and prepare a list of candidates found eligible for appointment as judges in the HCs in the country. Apart from this, when the collegium for this purpose has been recognised by both the institutions, why should the executive find faults in the list submitted by the SC to the concerned ministry. Moreover, it has to be borne in mind by the NDA regime that delay in such appointments is going to affect the common masses and their interest has to be considered as supreme because of the fact that it is a democracy which for the for the people.

 

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