The procedure concerning the appointment of judges to higher courts needs to be modified. All the judges should be from outside the state to ensure that their functioning is not influenced by relations and former bar colleagues
IT IS just a coincidence that both the husband and the wife have joined the Delhi High Court as judges. The court already boasts of two judges who are brothers. There is no harm if closely related people are appointed judges of the same High Court. But all High Court judges must be necessarily from outside the state to avoid being influenced by their relations and former bar colleagues.
The present system should be modified to provide that all judges are from outside the state. Presently, one-third of the judges are required to be from outside the state. If both the spouses are judges, then they may work in the same High Court.
The ideal solution would be to appoint judges to higher courts through a council with retired Supreme Court judges as member-nominees of the President, the Prime Minister, and the Leader of the Opposition, the Chief Justice of India and the Bar Association of India with the Central Vigilance Commissioner as its member-nominee. All judicial appointments should be completely transparent in line with the Apex court’s opinion in ‘SP Gupta vs Union of India (1981suppSC87)’.