oppn parties Appointing Judges: Stop Politicizing, Find A Solution Fast

News Snippets

  • China says that the next Dalai Lama will be appointed by it
  • Pakistan assures India that no anti-India activity would be allowed in the Kartarpur corridor
  • Pakistan to allow visa-free access to 5000 pilgrims every day to undertake pilgrimage using the Kartarpur corridor
  • Karnataka crisis: BJP wants floor test today
  • Novak Djokovic fights off a spirited challenge from Roger Federer to win his 5th Wimbledon title in an epic - the best ever - final that went on for nearly five hours
  • England wins the World Cup in an epic final that went down to the wire. The match was tied and the Super over was tied too, but England won as they hit more boundaries
  • Good news for monsoon, El Nino weakens and is likely to fade away in a couple of months
  • SC rules that Maratha quota in Maharashtra cannot be applied retrospectively
  • Iconic Laxman Jhula in Rishikesh shut down as it is in danger of collapse due to overload
  • SBI not to charge any amount for digital money transfers through RTGS, NEFT and IMPS
  • Pakistan says Indian planes can only fly over its airspace if India pulls back its fighter jets from advanced bases
  • Congress-JD(S) alliance to seek floor test at the earliest
  • Supreme Court orders status quo in Karnataka case till Tuesday
  • UP BJP legislator Rajesh [email protected]@@s daughter alleges he sent goons after her for marrying outside the caste
  • CBI raids activists Indira jaising and Anand Grover for alleged violation of FCRA in their NGO
ISRO calls-off Chandrayaan-2 mission launch at last moment due to technical snags. revised date will be announced later
oppn parties
Appointing Judges: Stop Politicizing, Find A Solution Fast

By Sunil Garodia

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Writes for a number of publications.
Several things arise out of the government’s decision not to pass the recommendation made by the collegium to elevate Justice K M Joseph to the Supreme Court. Can the government legally do this? Or is the collegium recommendation binding on the government? Obviously, the government can ask the collegium to reconsider its decision. This has been clarified by the CJI when lawyer Indira Jaisingh filed a case to block Indu Malhotra’s elevation saying that it has to be all or none, meaning that either both Malhotra and Justice Joseph be elevated or none should be. The Supreme Court did not agree and Malhotra will take oath on Friday while the collegium might resend Justice Joseph’s name to the government.

But some of the reasons given by the government do not hold water. For instance, the government has said that Justice Joseph’s parent high court, the Kerala High Court, is already represented in Supreme Court and given its small size, there is no need to appoint more from there. But there are several high courts - Bombay and Delhi for example - that have many representatives on the apex court benches. Quality, not regional quota, should be the benchmark when appointing judges and Justice Joseph is not found wanting there. So the government must not block someone who has been selected by his peers after due diligence. The elevation should have been blocked only on receiving a negative intelligence report. It seems the government wants to escalate its tiff with the judiciary by blocking this appointment.

But the other charge by the Congress that the government is “cherry-picking” and does not want judges inimical to it to sit on Supreme Court benches does not hold water. In fact, the reverse would mean that all selected judges will toe the government line. This is highly insulting to Indu Malhotra now and to others who will be elevated till the NDA is in power. Further, the government is right in saying that the Congress has no moral authority to criticize the NDA as it was the worst offender when it came to appointing preferred judges or superseding senior judges to make a blue-eyed judge the chief justice.But two wrongs do not make a right. In fact, the whole thing about politicizing judges’ appointment has gone too far and if a permanent solution is not found urgently, the judiciary will cease to be independent, justice will suffer due to paucity of judges and people will lose faith in the system.

image courtesy: livelaw.in