ELEVATING NEW SUPREME COURT JUDGES
It is useless to have intermediaries like Department of Justice, Prime Minister’s Office (PMO) and others in appointment of judges in higher courts in existing system when President of India is bound to endorse ‘recommendations’ (or order) of Supreme Court collegiums in this regard. It has happened again when President had no other option than to clear names of three High Court Chief Justices recommended by it for elevation to the Apex court despite reservations voiced by PMO.
Union government should make it clear how many ‘Five-Year-Plans’ are needed to bring a new Act for appointment and conduct of judges of higher courts. In a democracy, neither legislature nor judiciary should have a monopolised say in appointment of judges. Best is to have judicially refined say of legislature in this regard which can be best done by doing it through a high-powered National Judicial Council having retired Supreme Court judges as member-nominees of President, Prime Minister, Opposition Leader, Chief Justice of India and Bar Association of India with Central Vigilance Commissioner as its ex-officio member.
SUBHASH CHANDRA AGRAWAL
(Guinness Record Holder for most letters in newspapers)
1775 Kucha Lattushah
Dariba
Mobile 9810033711 Fax 23254036
E-mail subhashmadhu@sify.com