PMO ON JUDICIAL APPOINTMENTS

JUDICIAL APPOINTMENTS











It refers to media-reports about welcome procedure-change in appointment of judges with Prime Minister’s Office (PMO) endorsing its comments and returning recommendations by Supreme Court collegium for appointment of two judges in higher courts for reconsideration. Otherwise before recent

Apex Court

order seeking detailed information on appointment of judges, various government-functionaries acted merely as ‘Post-Office’ to transmit Supreme Court recommendations to President’s Secretariat. However since some Supreme Court judgements held SC recommendations to be considered supreme in case executive differs, PMO will have to clear the files like erstwhile President Dr APJ Abdul Kalam had to do in case SC collegium insists on its recommendations on the returned files. Even in present system which does require drastic changes and transparency in appointment of judges, 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 all judicial appointments.











Best is to constitute 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 including in judicial commissions set up at times by Union and state governments. This commission may also be empowered to probe complaints against judges of higher courts including even Chief Justice of India. 16-point code underlined in ‘Restatement of values in judicial life’ should be prominently displayed in courts and their websites and information-books published for knowledge of consumers of justice.