The constitution having been established by the people to govern themselves, it is the spirit thereof and the intention behind it and not the words in the same which are more important. If an amendment made by the politicians even if acting through the parliament is suspect in its intentions it will be struck down by a vigilant judiciary. Today with all imperfections in the judiciary present,it still inspires much more confidence of the people rather than any institution comprising politicians of any political party.There was a valiant attempt by the people to transform the politics in the country which had suddenly inspired a vast mass of people in the country.The Aam Admi Party therefore achieved unprecedented success in the Delhi elections. Arvind Kejriwals' actions methodically demolishing each and every principle that AAP stood for has destroyed this attempt. People are again looking at politicians as a corrupt and self entered people hardly concerned with the people or the nation.
In this climate the people will rejoice in this judgement. The people trust the judges much more than the politicians.
Right from 1950 to 1980, even though the power of appoint judges was with the executive, and the role of the judiciary was only to be consulted through the the Chief Justice of India assisted by the Chief Justices of the High Courts.The Govt was always during this period going by the advice received from the CJI without any attempt to influence his views.The only aberration was in 1973,when three senior judges in the Supreme Court were superseded on political considerations but the Indira Gandhi Government. As Law Minister in the Janta Party Govt during 1977 to 1979, I can say with authority that each and every appointment was made strictly according to the recommendations of the CJI without the slightest attempt to influence his views.
It was only after 1980 that political attempts to influence the views of the CJ's in the High Courts as also the CJI started and gradually the need to correct the situation was felt in the Supreme Court leading to the collegium judgement. It is quite true that there are many shortcomings in the collegium system also which need to be set right to get a better set of judges in the High Courts and get enter inputs from the people and also the bar. I am one of those who strongly believe that there is a lot of scope in securing more knowledgable, able and objective judges capable of rendering much quicker justice. And of course an insistence on 100% integrity is a must.
I am happy that the constitution bench judgement itself has referred to the deficiencies in the collegium system and would be soon having a hearing on this in an attempt to make the system as perfect as possible.
SHANTI BHUSHAN
