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Dr. PRADEEP K.P. (Advocate High Court of Kerala)     14 September 2013

Judicial accountability v/s executive curtsy

I have gone through the 120th Constitution Amendment Bill regarding the National Judicial Commission. The objects and reason states that it aims to equal participation of executive in Judicial Appointment along with Judiciary. Is it not against constitution. How can Executive decide the Judges in the Constitutional Courts. Is it against the principles of seperation of powers. Is it not against the basic structure theory regarding independence of judiciary. 

The executive is the largest litigant before a Constitution Court and if that litigant is permitted to decide the person who decide the dispute, is it desirable. Kapil Sibal and Chithambaram seems to be so narrow minded, while coming with this undesirable constitutional amendment.  



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 4 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     14 September 2013

My friend you  may  refer S.P. Gupta V. U.O.I. AIR 1982 SC 149.  AIR 1994 SC 1207. AIR. 1999 SC  1.  You refer the appointment of the Chief Election Commissioner and Commissioners, The  Comptroller Auditor and Audit General of India, the vigilance Commissioner. Other Constitutional Offices appointment. Important question law decided by the Supreme Court of India has laid down law in case of appointment of High Court Judges and the Supreme Court Judges in S.C. Advocates-on-Record Association Vs. Union of India which is reported in A.I.R. 1994 page 268. Para 271 of the Judgement  !! In addition to the above , the Government  which is accountable to the People, should have the right of suggesting candidates to the concern Chief Justice for consideration but the Government has no right to directly send proposal for appointment by-passing the Chef Justice is concerned. !! Para 272 of the Judgement:  !! The suggestion made by the Government whether Central or State, should be routed only through the Chief Justice of India in the matter of appointment of judge to the Supreme Court and Chief Justice of the High Court in the matter of appointment of a Judge to the concern High Court, whose opinion with regard to the acceptance or disapproval of the said proposed candidates by the Government on the materials placed before him, will be divisive of the matter. Though appointment of Judges to the superior judiciary should be made purely on merit, it must be ensured that all sections of the people are duly represented so that there may not be any grievance or neglect from any  section of class of society. !!  The Judicial Appointment Commission is the need of the hour to  recommend names of eminent Advocates who have impeccable integrity, Legal Acumen, Social Justice Philosophy of the Constitution of India through transparent process to curtail corruption, Nepotism, corruption in the Judiciary and appointments Commission must consist of the Chief Justice of India as Chair Person, it Members consist of  the Law Minister of India, Leader of Opposition in the Lok Sabha, Eminent Jurist appointed by the President of India, the Concern Chief Justice of India, The Chief Minister of concern State, Leader of Opposition of State Assembly as its members. I remember that the Parliamentary consultative committee of Law and Justice and Administrative Reforms commission also recommended for  constitution of National Judges Appointment Commission. Law commission of India also recommended for constitution of National Judges Appointment Commission. I have lot to say advantages of constitution of National judicial Appointment commission but lack of space I am not able write more. I being the President of The Democratic Lawyers Forum, India. Kolla Gangadhar Advocate, strongly support constitution of National Judges Appointment Commission.

Dr. PRADEEP K.P. (Advocate High Court of Kerala)     15 September 2013

My opinion is confined to Judges in Constitutional Courts. Not all Constitutional Posts. We have experiences from pre 1994 appointments to state that politics will rule the appointment. Before killing a system try to find out the faults and correct it. The present move is a suicidal attempt

Kolla Gangadhar (Practicing Advocate since 1986)     15 September 2013

In the name of interpretation of the constitution of India Judiciary has grabbed the appointment of judges since 1994. and this has been expressed by eminent Jurists, eminent retired Justices. What Justice Venkat Ramaiah said when he retired as the Chief Justices of India you read what he said. Where is Judicial independence since 1997 Judiciary has been under clutches of Edi Amin is gang you have been reading  in the news papers, watching on Television. I would not like to attribute corruption, Nepotism, Fafourtism selection of Justices by Justices but colleageim system of appointments has been under criticism since 1994 and as per the opinion of the eminent Jurist Advocates it has failed. I do not name High court but Justices appointing  Justices two Justices names have been recommended those two one of them is a retired Supreme Court Justice son, another one is son of a highly influential Advocate practicing in the same High court for more than 50 years, community,   how it would disaster in delivery of Justice without fear or favour . Justices appointing Justices will erode Justice delivery system of the country.  Shri. Arun Jaitley  eminent Jurist of Supreme Court of India introduced the constitution amendment Bill to constitute National Judicial Appointment  Commission that was lapsed. Composition of Commission almost similar to what I stated earlier answer. Do you agree with eminent Jurist Advocates have been practicing in the various High Courts and Supreme Court of India that though not much but there has been corruption, Nepotism. Fafourtism  in the appointments of Justices by Justices. Please collect statics how many Justices have been appointed since 1994  as per Judgement of S.C.  To have transparency in the appointment of Justices the need of the hour is the National Judges appointment Commission and I contacted number of Advocates practicing in various High Court and Supreme Court they expressed what Shri. Arun Jaitley introduced Bill for Judicial Appointment Commission majority supported that would give room to appoint Eminent Advocates Practicing in various High Courts  as Justices of High Courts, who have impeccable integrity, Legal Acumen, Social Justice Philosophy of the Constitution of India.  Parliament is accountable to the People of India  and Judiciary is accountable to whom?  Since independence Justices were accountable to their conscious, once National Judges Appointment Commission is appointed they will be accountable to Parliament that is indirectly to the People. Since the constitution came into force how many Justices have been impeached  of Justices under the Constitution of India, Procedure laid down under Judges ( Inquiry) Act.?  Let us optimistic about the proposed Judges Appointment Bill in that Eminent  Advocate  will get an opportunity that one eminent Jurist will be a member in the Commission. 

Kolla Gangadhar (Practicing Advocate since 1986)     16 September 2013

My answer posted day go in continuation of my reply to my friend wherever mistake appeared it may read as Judicial Appointment Commission. I am informed that The Constitution  120 amendment Bill  2013, has been introduced in the Rajayasabha on 24-08-2013 by the Hon!ble Minister of Law , Union of India. Some mistakes crept inadvertently for that i regret readers have wisdom to correct themselves to understand correct  meaning of it for that I will be thankful to  you. Kolla Gangadhar, Advocate, The President of Democratic Lawyers Forum, India.  Mobile No: 9290673693. Emil: kgangadharadvocate@gmail.com 


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