The NJAC verdict: An alternative view | Business Standard Column

The NJAC verdict: An alternative view | Business Standard Column


alternative approach
This refers to the
excerpts from Finance Minister Arun Jaitley’s Face Book posting published under
the caption “The NJAC verdict: Alternative view” (BS, October 25). While respecting
the Apex Court views and conceding that there can be different views on the
verdict especially among politicians and lawyers and keeping in mind that this
space cannot do justice to any discussion on the 1000-page judgement, one is
tempted to make an ‘appeal’ to the political leadership, 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,


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