Govt strictures against a former chief justice of India

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SUBHASH CHANDRA AGRAWAL

21 March, 2010

IT can happen only in India where a person considered unfit for post of National Human rights Commission (NHRC) by the government could remain Chief Justice of the country for several years.

IT can happen only in India where a person considered unfit for post of National Human rights Commission (NHRC) by the government could remain Chief Justice of the country for several years retiring from the post only at stipulated retirement-age of 65 years! A government-communiqué has confessed that former Chief Justice of India YK Sabharwal was not considered for post of NHRC Chairperson because of adverse reports against him.

This bitter fact which emerged out of government-confession, calls for immediate reforms in appointment and removal procedure of not only judges of higher courts but also for Chief Justice of India. Seniority should not be criterion for promoting senior-most Supreme Court judge as Chief Justice of India. Rather a high-powered full-time National Judicial Commission should be constituted with retired Supreme Court judges as member-nominees of President, Prime Minister, Opposition Leader, Chief Justice of India, and Bar Council of India with Chief Vigilance Commissioner its ex-officio member. This Commission should be an authority to recommend all appointments, transfers and promotions in higher judiciary apart from looking into complaints against judges of higher courts and to decide on punishment and removal of guilty-found judges.