Supreme Court Bench order on National Judicial Appointments Commission Act: An assertion of primacy - The Hindu

Supreme Court Bench order on National Judicial Appointments Commission Act: An assertion of 

primacy - The Hindu


While respecting the Apex
Court views and conceding that this space cannot do justice to any discussion
on the 1000-page judgement, one is tempted to make an ‘appeal’ to GOI not to
contest the grounds relied upon by the court in reaching at the decision just
because it causes administrative inconvenience. Instead, government should
dispassionately consider what kind of changes in approach to selection
procedure for filling top positions, not only in judiciary, but across
institutions, will improve governance and administration of justice. The change
in approach should factor in the need to professionalise institutions.
Top level appointments
have an important role to play in the smooth and successful functioning of
government and organisations both in public and private sector. Government
should avoid direct involvement in selection of candidates for appointment at
higher levels in judiciary and national level organisations. To make this
possible, transparent norms for selection and involvement of experts in the
area of specialisation in selection process are necessary. Though not related
to judiciary, another aspect which needs consideration is, gradual reduction of
reserving top positions in statutory bodies and public sector undertakings.
Perhaps, time is
opportune to appoint a High Level Committee with appropriate representation for
GOI, state governments, organisations like RBI and SEBI, nominees of CAG and
Supreme Court (not necessarily from within) and external experts to prepare a
guidance paper on selection procedure for top level appointments, for
consideration and acceptance by GOI.

G Warrier,


Ashok said…
Yes. But it's a question having control. Who would like to lose or surrender it?
The control is with "WE THE PEOPLE" (Ref: Preamble of the Constitution). People have asserted their control during 1970's and again in 2014. Our political leadership takes time to perceive the mood of 'WE THE PEOPLE'
M G W arrier

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