Professional Documents
Culture Documents
8 0 Comments
SUMMARY
The judicial
appointment
commission has not
worked well in
other countries.
Tweet This
The Constituent Assemblys view at the time of enacting the constitutional provisions,
that the CJI should not be the final appointing authority, was disregarded by the court. In
no jurisdiction in the world do judges appoint judges.
Appointments commission in 1992, the Supreme Court, in the second judges case, professing to
proposed by the UPA safeguard the independence of the judiciary, reversed the first verdict Will surprise people with Bhavesh
suffered from vices of both Joshi': Vikramaditya Motwane
pre-1993 and existing and rewrote the constitutional provisions to hold that the primacy in the 12:28 pm, Aug 11, 2014
systems. appointment of a judge of the Supreme Court was with the CJI, who
would make his recommendation to the president after consultation with
two of his senior judges. The president would only have the limited
Julio Ribeiro
Mon Aug 11 2014
power of expressing his doubts on the recommendation of the CJI. The
http://indianexpress.com/article/opinion/columns/a-case-for-two-commissions/99/ 1/4
8/11/2014 A case for two commissions | The Indian Express | Page 99
The Paraskar syndrome presidents doubts would not however prevail if the CJI reiterated his
Only cadre officers, that is, recommendation on the appointment of the judge. In a later judgment,
those who have been
absorbed into the IPS, can known as the third judges case, the Supreme Court diluted the primacy
hold certain jobs like SPs of the CJI, and gave the power of appointment to a collegium of the CJI
in the districts.
and four of his senior-most colleagues.
How to manage uncertainty The judgments in the second and third judges cases are an
RBI has touched some extraordinary tour de force in the name of securing the independence of
critical areas to improve the
functioning of the financial
the judiciary. The court has rewritten the provisions of the Constitution
markets and support the for the appointment of judges. The executives function in the
liquidity conditions for
appointment process has for all practical purposes been eliminated and
banks.
reduced to the formal approving of a recommendation made by the CJI
and his collegium. Consultation with the CJI in the Constitution has
Subhash C.
Kashyap been transmuted into an original power to appoint by the CJI and a
Mon Aug 11 2014 collegium. The Constituent Assemblys view at the time of enacting the
Leave it to the House constitutional provisions, that the CJI should not be the final appointing
The LG should ask the
authority, was disregarded by the court. In no jurisdiction in the world do
Delhi Assembly to elect its
leader by secret ballot. judges appoint judges.
Should the earlier system of the exective appointing judges after proper
consultation be restored? Paradoxically, from 1950 to 1973, some of the
most outstanding judges of our Supreme Court were appointed through
this system. Eminent judges like Michael Kirby of the Australian High
Court are strongly in favour of restoring the old system, with control over
it by Parliament. It was only during the period of the Emergency that this
system was subverted, which led to the judiciary appropriating the
power in the second judges case. Even today, in Australia and Canada,
it is the executive that appoints judges after proper consultation.
http://indianexpress.com/article/opinion/columns/a-case-for-two-commissions/99/ 2/4
8/11/2014 A case for two commissions | The Indian Express | Page 99
Express Specials Exclusive Reports FlighttoMH17
addition otherCrash India tour
members. of England
In the Dynamic
UK, there Timeline: Jadeja-Anderson
are separate selecting spat E-Paper Today's Paper Astrology
NATION WORLD
bodies BUSINESS
for high CITIES
court and SPORTS court.
for supreme ENTERTAINMENT LIFESTYLE
The overriding TECHNOLOGY
factor will be OPINION PHOTOS VIDEOS ALL SECTIONS
the merit of the candidate, but the commission, as in the UK, should
consider diversity, namely, appointment of women judges and judges of
various regions without of course sacrificing merit.
TAGS: Appointment Of Judges Collegium Supreme Court Collegium Supreme Court Judges
PHOTOS
Meet The Bengali Superman A Glimpse Of The Ramp Brides: Kangana How Hrithik Roshan,
And Tam-Brahm Hulk Supermoon worldwide Ranaut, Nargis Fakhri, Priyanka Chopra
Esha Gupta Celebrated rakhi
http://indianexpress.com/article/opinion/columns/a-case-for-two-commissions/99/ 3/4
8/11/2014 A case for two commissions | The Indian Express | Page 99
Uproar in Rajya Sabha over US 'fully supports' Iraq's Tsonga's week of upsets Add punch to rakhis with Akshay Kumar's Astrum Elete Tpad BT: Good
'inconsistencies' in new president: Psaki ends with Rogers title chocolate, cookies and 'Entertainment' earns over wireless keyboard option,
government statement on quilling Rs.20 crore in 2 days but for Windows
WTO
The Express Group Expressindia The Indian Express The Financial Express Loksatta Jansatta Exims Ramnath Goenka Aw ards
Express Tow ers Business Publication Division Express Pharma Express Healthcare Express Hospitality Express Travelw orld Express Computers
Privacy Policy Advertise w ith Us Contact Us Subscribe
http://indianexpress.com/article/opinion/columns/a-case-for-two-commissions/99/ 4/4