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CJI says favourites get appointments in High Courts
Recent controversy involving Justice PD Dinakaran calls for adopting a United States-like system in floating names of probable judges for public-opinion. Complete appointment-process should be made transparent.
ACCORDING TO media-reports, Chief Justice of India (CJI) has made an honest confession about high courts being packed with favourites as judges overlooking genuine claim of district judges in their elevation to High Courts.
 
The statement by CJI thus automatically endorses the failure of collegium-system of appointment of judges in higher courts. This statement should be an eye-opener for Union government to immediately enact suitable reforms to prevent any future misuse of power in appointing favourites as judges. Media-reports may be recalled about even Prime Minister Office (PMO) intervening, though in vain, in superseding three senior-most Chief Justices of high courts in their elevation as Supreme Court judges, when out of the three superseded ones was later elevated as Supreme Court judge but only after change in collegiums.
 
Of course Legislature must not be allowed to have supremacy in appointment of judges. A perfectly balanced approach can be to make all judicial appointments by a National Judicial Commission with retired Supreme Court judges as member-nominees of President, Prime Minister, opposition leader, Chief Justice of India and Bar Council of India with Central Vigilance Commissioner as its ex-officio member. Recent controversy involving Justice PD Dinakaran calls for adopting a United States-like system in floating names of probable judges for public-opinion. Complete appointment-process should be made transparent in tune with full-bench Supreme Court verdict in the matter ‘SP Gupta vs Union of India’ (1981 SC supp 87).
 


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COMMENTS (2)
.When Justice A P Shah was CJ in Madras High Court, he made a thought provoking observation at a public function that Constitutional functionaries, while assuming office, should take an oath of `transparency' and not an oath of `secrecy'. True to his words, his judicial conduct was transparent. A hard-working judge committed to the cause of justice coupled with the legal acumen of the highest order, it is the country as a whole which has been deprived of his valuable services in the Apex Court. As the age of reirement of a Supreme Court Judge is 65 years, he is still eligible to be considered for elevation to that Court. The collegium owes an explanation to the nation morally as well as legally under the RTI Act for denying his promotion, which was definitely a legitimate expectation of the elite citizenry. If the collegium persists in its `secrecy' in not revealing its reasons for declining his promotion even now, it would be in the fitness of things that eminent jurists should take up the cause as a PIL (public interest litigation) to undo such injustice instead of just remaining content with their comments, and the Government expedites the formation of the longly awaited National Judicial Commission to choose the best and most competent as judges for the country.
.I agree I was one of the petitioners. Its a sad commentry on Colligium system they follow guidelines which are unconstitutional only because CJs were following pick and choose policy and Hon,ble SC refuses to incorporate these guidelines in the procedural rules...is such case what can judicial officers do? Bang there head against the Wall?Incidentaly all guidelines are not followed to the dot CJs still pick and choose.Hats off to S.C. Agarwal
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