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

News Snippets

  • JNU students march against the steep hike in fees, keep HRD minister Ramesh Pokhriyal stuck at the venue of the convocation
  • USFDA says Cytotron, an anti-cancer kit developed by Bengaluru based Rajah Vijay Kumar, is a "breakthrough device" for treating liver, pancreatic and breast cancers
  • Car sales show a minuscule uptrend after declining continuously for 11 months
  • Industrial output contracts by 4.3% in September, the worst decline in 8 years
  • Centre defends abrogation of Article 370 in the Supreme Court, says the power under it was used by the President six times previously
  • Legendary singer Lata Mangeshkar admitted to hospital with lung infection, put on ventilator
  • Shiv Sena MP Arvind Sawant quits as Union Minister
  • National Security Advisor Ajit Doval met the leaders of both Hindus and Muslims in Delhi on Sunday to ensure peace and harmony is maintained after the Ayodhya verdict
  • Tipu Jayanti passes off peacefully in Karnataka
  • 10 dead as Cyclone Bulbul leaves destruction in its wake in West Bengal
  • Shefali Verma breaks Sachin's 30-year old record by scoring an international fifty at 15 years and 285 days
  • Former Chief Election Commissioner T N Seshan dies at 87
  • India beat Bangladesh by 30 runs to win the 3rd T20 and clinch the series 2-1. Deepak Chahar becomes the first Indian to take a hat-trick in T20s and returns the best bowling figures of 6/7
  • Centre removes SPG cover of the Gandhis. However, they will still get Z-category security
  • CJI Ranjan Gogoi will have a meeting with UP chief secretary and DGP of the state in his chamber ahead of the verdict on the Ayodhya land dispute next week
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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