JUDICIAL APPOINTMENT

The Supreme Court of India and
the High Courts are the guardians
of the Constitution of India. Given
their exalted constitutional status,
it is imperative that the method of
appointing judges to these courts is such that only persons of the highest integrity and aptitude are chdown.

But ,the current system of
appointments, by a collegium of
senior Justices of the Supreme Court, pursuant to a decision of the Court itself, has proven unequal to this way . Finally, it proceeds on an indefensible interpretation of Article 124(2) and Article 217(1) of constitution which prescribes the method of judicial appointments.

WHAT IS SOLUTION .

The Constitution (120th Amendment)bill,2013 and the judicial Appointment commission bill,2013 were introduced in the Rajya Sabha in August 2013.According to this bill provides for the establishment of a Judicial Appointments Commission to appoint judges, the composition, functions and procedures of which are laid down in the accompanying
Bill. In general, the concept of an
appointments commission is salutary.

Three keys amendments to
the existing scheme are necessary.
1.too much latitude is allowed to
Parliament to change the composition and functions of the Commission. It is necessary that not only the establishment of the Commission but also its composition and functions
are laid down by a constitutional
amendment.

2. These is no procedure or criteria laid down in the act for shortlisting of candidates or
for resolving disagreements in the
Commission. The past experience of judicial appointments, both when it was led by the executive as well as the judiciary, suggests the definite need for dispositive rules in this regard thereby bringing an optimal degree of
transparency into the process.

3. Despite vesting the Commission with the power to transfer judges and Chief Justices from one High Court to another, the Bills neither specify the grounds nor the procedure for
doing so. It is clearly delineated grounds for transfer of judges and the procedure to be
followed are laid down in the Act.

Now we comes towards the IMPLEMENTATION AND IMPACT

1. The Constitution (120th Amendment) Bill, 2013 passed by the Rajya Sabha and The Judicial Appointment Commission Bill, 2013 pending in the Rajya Sabha should be withdrawn.
2.A more detailed constitutional
amendment should be introduced
containing the following-
∆ The composition of the Judicial
Appointments Commission;
∆ The functions of the Commission.
3. A new, reworked bill must be
introduced alongside the constitutional amendment providing for-

∆ The criteria and procedures
for shortlisting and selection of
candidates
∆ The grounds and procedures for transfer of judges to be followed by the Commission.

Result

Such reform will ensure that the best candidates for judicial office are selected in an optimally transparcy manner. Further, it will do so in a manner that is perfectly consonant with the independence of the judiciary.