Today the legislature and the executive are elected by the public while the top judiciary appoints itself. The executive and the legislature are seen by the long suffering public as going berserk and having no intentions of correcting their course. The judiciary, especially the lower one, too is seen suffering from similar ills.
However in many cases the self-appointed top judiciary is the only institution that is able to exercise some check on the legislature and the executive. And hence any attempt by the executive to insinuate itself into the process of appointments in the judiciary must be opposed tooth and nail.
And, yet, it cannot be gainsaid that an institution as important as the judiciary cannot be left to its own devices for appointments without any external controls. After all, we are opposing any role for the government in the appointment of judiciary on the grounds of checks and balances only.
Under these circumstances I feel that instead of giving the government any role in selection of judges for High and Supreme courts, the role should be given to the public itself. A list of desirous and eligible persons may be prepared and their CV and achievements put on a website. Thereafter the concerned public, state or the whole country, should vote for them. Any campaigning must be through the website, national TV, SMS and electronic messengers only. The voting must be done through mobiles only to cut down on all the hassles associated with setting up voting booths. Now that voter id cards are being linked to Aadhaar, voter ids are automatically getting linked to voters' mobile numbers. This would be a far better alternative to any meddling by the government.
Do you agree?
However in many cases the self-appointed top judiciary is the only institution that is able to exercise some check on the legislature and the executive. And hence any attempt by the executive to insinuate itself into the process of appointments in the judiciary must be opposed tooth and nail.
And, yet, it cannot be gainsaid that an institution as important as the judiciary cannot be left to its own devices for appointments without any external controls. After all, we are opposing any role for the government in the appointment of judiciary on the grounds of checks and balances only.
Under these circumstances I feel that instead of giving the government any role in selection of judges for High and Supreme courts, the role should be given to the public itself. A list of desirous and eligible persons may be prepared and their CV and achievements put on a website. Thereafter the concerned public, state or the whole country, should vote for them. Any campaigning must be through the website, national TV, SMS and electronic messengers only. The voting must be done through mobiles only to cut down on all the hassles associated with setting up voting booths. Now that voter id cards are being linked to Aadhaar, voter ids are automatically getting linked to voters' mobile numbers. This would be a far better alternative to any meddling by the government.
Do you agree?
I am afraid the cure suggested may be worse than the malady. NJAC has been a very mature law which has been turned down by SC purely on grounds of ego. If the legislature and executive elected by the people can not have any say for fear of interference same argument will be valid for election of judges as well. The present collegium was born a few years ago and executive was making appointments. Do we concede that justice was not being done ? The judges should accept a role for executive in appointment of judges as suggested by NJAC till a better method is found as even in NJAC judiciary has upper hand.
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