Dinesh Kamath's Editorial 'NJAC to benefit the politicians?' that was published in Newsband

NJAC to benefit the politicians?

Indian Parliament has come up with a law setting up the National Judicial Appointments Commission. Our Parliament has amended the procedure by which members of the superior judiciary are appointed in India. Thus it has broad-based the appointment of judges in the Supreme Court and the various High Courts with participation from the judiciary and the executive and from among eminent persons to ensure greater transparency, accountability and objectivity in the process.

Giving the power to amend these regulations to a panel that will itself keep changing from time to time instead of being cast in law may undermine judicial independence, as the norms could be tweaked for reasons of expediency. And it hardly needs to be emphasised that the independence of the judiciary is part of the basic structure of the Constitution.

We can't expect miracles at the top unless the society as a whole values honesty and integrity. Unfortunately in India there is little reward for honesty and integrity. We love those who play tricks with words and some how get to power and continue to entertain us. There is no value for quality in life or behaviour. We look at the position occupied and not the person. Not even 1% of the politicians qualify as honest. Businesses, politicians and bureaucrats form an impregnable club that has replaced colonialists in dominating the society. Business culture has moved into medicine, legal profession and the core values are eroded. There is a need for massive change to take place in the attitude of the society as a whole.

The NJAC by the NDA is merely a continuation of the abject surrender and genuflection of politicians to great wealth. The loss of judicial independence is only a harbinger of the woes that are sure to follow.

Among the three pillars of our democracy only the judiciary, particularly the high courts and Supreme court, have retained some credibility with people’s faith in Legislature and Executive being totally eroded by the misdeeds, corruption, nepotism etc. Now with the enactment of NJAC with some roles being assigned to politicians we have to be ever alert that politicians do not interfere with the process.

The possibility of misusing judicial appointment procedure to further their own interests by the corrupted and ill-motivated politicians is what seems to be the major issue here. The checks and balances devised by the forefathers of our constitution among the three arms of our democratic system, should not, at any cost, turn into undue interference and encroachment upon the powers/functions of the other. We hope the new system works in tandem with moral and legal ethics of this country without compromising with the independence of judiciary and the respect it commands.