FORMATION OF NATIONAL JUDICIAL COMMISSION

The National Judicial Commission must be formed in a manner that the independence of the judiciary is not compromised and the best possible judges get selected for appointment. All political parties want a system in which the government has an important say so that they can ensure the selection of judges that suits its political interests. In our considered opinion it must be ensured that this does not happen. 

For the last 20 years we have been demanding a National Judicial Commission which shall consist of 5 whole time members having an intimate familiarity with the working of the judiciary. They could be either retired judges or senior lawyers. They would be whole time members so that the commission could devote adequate time in searching for the best possible names. They could invite suggestions from the judges sitting or retired as well as members of the bar and even the people at large. 

These suggestions could be considered on the basis of their qualifications and experience as well as other relevant aspects. After shortlisting the names of suitable persons they could be publicized to invite their comments for or against those names so that facts not known to the commission about them if adverse could also be enquired about by an investigating machinery of the commission itself.

 The commission would then make an informed selection of the best names and take the consent of the selected. Such selection would be final and binding on the President.

 The most important issue is how to select the members of this commission so that the judges selected apart from being honest and competent would not feel obligated to the political government so as to remain fiercely independent and objective.

We strongly believe that this can be achieved in the following manner. 

The Chairman of the Commission could be selected by all the judges of the Supreme Court sitting together to get the best possible person. A second member could be selected by all the Chief Justices of all the High Courts sitting together as a collegium. A third member could be selected by the Union Cabinet. The fourth member could be selected by the leader of Opposition in the Lok Sabha in a meeting of the leaders of all opposition parties both in the Lok Sabha as well as the Rajya Sabha. The fifth member could be selected by a collegium of the Chief Election Commissioner, the CAG, the CVC and the Chairman of the Union Public Service Commission.

Such a commission cannot be pressurized either by the ruling party or by any opposition party. Even the judges of the Supreme Court or any High Court can’t have their favorites selected. The best names of honest and competent persons are likely to be appointed enjoying the confidence of the people at large.

SHANTI BHUSHAN

FORMER UNION LAW MINISTER & SENIOR ADVOCATE.