SC ON JUDICIAL APPOINTMENTS

Welcome order of Apex Court seeking detailed information on appointment of judges in higher courts adopting the noble principle ‘be you ever so high, the law is above you’ will have far-reaching consequences with even administrative decisions of Chief Justice of India coming under scanner. Everyone including even Chief Justice is a normal human-being and needs to be governed by some disciplinary authority to prevent misuse of power by any individual even though such cases may be rarest of the rare but not impossible in present seniority-based system to reach to the highest judicial post. Order of the five-judge bench of the

Apex Court

in the matter ‘SP Gupta vs Union of India (1981suppSC87) for making public opinion of all members of Supreme Court collegium should be implemented in every case of judicial appointment.

Best is to constitute a Supreme Judicial Council with retired Supreme Court judges as member-nominees of President, Prime Minister, Opposition Leader, Chief Justice and Supreme Court Bar Association with Central Vigilance Commissioner as its member-nominee to clear all postings in higher judiciary with transparency in judicial appointments. 16-point code to be followed by judges of higher courts should be prominently displayed in all Courts, and should also be put on their websites.

Posted by suba on Wednesday Aug 01 reply

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