Tuesday, October 10, 2017

Dinesh Kamath's Editorial 'Transparency in Judiciary' that was published in Newsband

Transparency in Judiciary
The collegium, comprising the Chief Justice of India and four senior judges, has said it would indicate the reasons behind decisions on the initial appointment of candidates to High Court benches, their confirmation as permanent judges and elevation as High Court Chief Justices and to the Supreme Court, and transfer of judges and Chief Justices from one High Court to another.
This is to ensure transparency, yet maintain confidentiality in the Collegium system. This balancing of transparency and confidentiality will augur well for the judiciary.
Given the perception that family members and former colleagues of judges are more likely to be appointed high court judges, it is essential that a system to widen the zone of consideration is put in place. SC needs to understand that mere transparency will not help. The process of selection should be based on merit, lack of conflicting interest, track record and not based on identities
Anyway, the decision is good one, but the law must be equal to all the same in treating the prisoners in jail. People bestow their hopes on judiciary in the backdrop of alleged scams, corruption, misappropriation, embezzlement and a host of other misdemeanor. So, the supreme state of integrity of judiciary is an inevitability. To achieve this enviable reputation, transparency in all matters connected with its functioning is a sine qua non.
The new initiative is a welcome gesture. Nice Initiative for the transparency. Unless there is a full disclosure of appointment procedure and the criteria, the filling of vacancies may not be without controversies. For transparency, whole system of appointment should be open so that public can retain faith in judiciary. Transparency in judicial appointment is a move in right direction and should be welcomed. The Recent episode involving Justice Mr. C. S. Karnanan should give the Supreme Court collegium enough information about deficiency, loopholes in the selection system. The need of the time is to address such deficiency as well to avoid future embarrassment to the system. Having transparency without fixing the selection criteria will undermine public faith in the Judicial system.
Transparency should be consistent and there shouldn't be any kind of negligence or compromise in such salient matters. This step which doesn't give any resort to personal opinions is a big welcome.
The great institution that seeks transparency from everyone else is itself devoid of any. Any piecemeal solution is defeating the very purpose of the transparency. The judiciary who know merits of every case before making judgement in a transparent manner is starting to become transparent inside its own house following a procedure. It is important this pillar of Indian democracy is governed by a rule for themselves, who gets empowered to judge people.
The disclosure norm is the best efforts taken towards the reformation of judicial system. Now, the citizen will also be able to know about their judges. Transparency is always helpful to run any country in correct direction.
In the resignation of Justice Jayant Patel it is very difficult to erase the suspicion that the Collegium buckled and surrendered flat and wholeheartedly to political pressure and interference. However much they may deny it will take a long time to convince the legal fraternity and the intelligent public opinion that the Collegium has a mind of its own and not taking instructions from the PMO's office. It has been impossible to accept any kind of justification for the transfer of Justice Patel and denying him his CJ position. Are we again seeing the mockery that we saw when Justice A N Ray superseded three of his seniors.

On the whole, this is a good beginning. Judges must be appointed as soon as there is vacancy and even to clear backlog of cases. Delay in justice is giving politicians and bureaucracy extra powers to exploit people.

No comments:

Post a Comment