DC Edit | Transparency needed in appointment of judges
The stalemate over appointments of judges in the high courts and the Supreme Court has of late triggered unsavoury exchanges between the Union government and the Supreme Court of India. The latest is the apex court pinpointing that its striking down the amendment to the Constitution providing for a National Judicial Appointments Commission was behind the Union government delaying appointment of persons the collegium recommends as judges in the higher judiciary. The Supreme Court, however, in the Second Judges case in 1993 expanded the interpretation of the word ‘consultation’, set up a mechanism of a collegium comprising the CJI and two senior-most judges of the apex court to recommend the names and made it mandatory for the government to accept such nominations. The NJAC, introduced after amending the Constitution in 2014, broad-based the selection procedure as the commission, headed by the Chief Justice of India, would have had two senior-most judges of the Supreme Court, the Union law minister and two eminent persons.
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