There is a severe lacuna due to the fact aleven though we determine on such matters, we don’t have any position withinside the appointment of judges? Does this exist everywhere withinside the world?
Absolutely, no! Judges appointing judges is unheard of… There has been a call for for a National Judicial Appointment Commission which must constitute judiciary, govt, legislature, bar and the general public with provisions of transparency and accountability. Let humans understand who’re going to be our judges and their competence, capacity and integrity. Should there be a gadget shrouded in mystery, secrecy and darkness?
Are we developing a gadget of patronage or deliver and take. Are we developing an oligarchy?… I am afraid we’re developing an oligarchy. We have judges’ families…. I vouch for the truth that there are top notch judges with excessive stages of integrity from judges’ families. But that must be exceptions now no longer thumb rule in democracy, that must be exceptions….
Let me study a profile of a decide which I manifest to look on the High Court’s website. Mr. Justice so and so, I won’t point out his name, born on so and so date, belongs to a own circle of relatives related to judiciary. His maternal top notch grandfather become Chief Justice of India, his maternal grandfather become a former performing Chief Justice, one in every of his maternal uncles become a former decide of the Supreme Court, his maternal uncle is a sitting decide of the Supreme Court. It goes on. It is like a protracted list.
We all speak approximately dynasty. The BJP contributors had been very harsh once they speak approximately dynasty withinside the Congress party, as a minimum they’ve handed the take a look at of prevailing the self assurance of the humans. This is a clean case of a dynasty. Why are we retaining mum on this?
The authorities has effectively spiked the appointments of those (judges) who’re inconvenient to them…The authorities has been sitting at the proposals of
collegium each time they discover positive names who’re character non grata for them. Some judges are transferred for unknown motives as a punishment…. There are instances while the authorities had now no longer consented to the names with the aid of using collegium for years regardless of the truth that the Supreme Court had emphatically said that once
back the govt should deliver consent.
I am certain the important thing framer of the Constitution and the primary Law Minister, Dr B R Ambedkar might be delivering his grave seeing how judicial appointments are made and the way the independence of judiciary is tampered with. He should be delivering his grave.
India is a various country….The gift scheme of appointment guarantees that most effective a specific magnificence is rewarded with the aid of using the authorities. A new magnificence is being created. Of course, there are exceptions, I understand. There are top notch judges who come from judges’ families…. During the growth of the final Cabinet, it become stated to consist of a sizeable variety of OBCs, SCs and STs….When it involves the judiciary, we don’t need the sort of various illustration? Should we be oblivious approximately that? Do you need such illustration most effective withinside the Cabinet?
Out of forty seven Chief Justices of India until date, as a minimum 14 had been Brahmins. From 1950-70, the most energy of Supreme Court become 14 judges and eleven of them
have been Brahmins…. There isn’t anyt any variety withinside the judiciary…. I am now no longer towards Brahmins…I am now no longer towards any magnificence. I am simply finishing it. This august House might be bowled over to word that until 1980, there has been no decide from the OBC withinside the Supreme Court, withinside the maximum courtroom docket of the country.
