"Judges selecting Judges" is leading to Corporatization of Courts
By Dr. Leo Rebello
The Supreme Court of India by 4:1 verdict has struck down the 99th Constitution Amendment. It is a twisted verdict in which 'Judicial Independence' has been stretched to absurd logic.
"Judges selecting Judges" is leading to Corporatization of Courts. Ever since the faulty Collegium System was imposed, Courts have been running like Private Limited Companies with 'Limited Liability' and 'No Accountability'. Collegium system has led to the 'Dictatorship of Judges' in a Democracy and rise in corrupt practices and backdoor entry of the mediocre judges. This secret selection process has led to nepotism, favouritism, caucus, coterie politics, corruption, communalisation of our judiciary.
There is absolutely no Transparency in Judges Selection ever since the unconstitutional Collegium system was put in place two decades ago, which has undermined the Parliament's sovereignty. It is like by 'adverse possession' the grabber becomes an owner of the property, the tiller usurps the land of the owner. It is about time to implement NJAC by Ordinance to set off this dubious precedence, which if allowed will destroy our democratic institutions leading to the dictatorship of the five seniormost judges.
The impugned 'judgement' ignores that the most important basic structure of the Indian Constitution is Parliamentary Democracy.
How can five judges of the Supreme Court, brush aside the authority of the elected President and the Vice President, the Office of the Prime Minister, the Office of the Speaker, the Opposition Leader and the two-houses of Parliament? How can eminent persons be termed as Politicians and only puisne (pronounced as puny) Judges as the epitome of virtue?
This is Rubbish Judgement and has to be set aside either by
Appointment by Open Process will NOT (repeat not) undermine the Independence of Judiciary but will lead to Fairness and Better Justice which has deteriorated in the last 20 years due to the 'Kitchen Cabinet' of 5 Judges of the Supreme Court of India. Some have dubbed Supreme Court of India as the Sorry Court of India, because some corrupt judges who even refuse to divulge their income or medical status under the RTI have proved by this impugned 4:1 verdict why NJAC is absolutely necessary and expedient.
The impugned 4:1 verdict interprets the provision of Article 124 and 217 of the Constitution. Article 124 deals with the appointment of Judges in the Supreme Court and Article 217 deals with the appointment of Judges of the High Court. Both provide for the appointment to be made by the President in consultation with the Chief Justice of India. The mandate of the Constitution was that Chief Justice of India is only a ‘Consultee’. Supreme Court, therefore, cannot USURP this position of the Elected President as the Appointing Authority and REWRITE to say The Chief Justice will be the Appointing Authority and the President a ‘Consultee’. Vide the latest order Rashtrapati is not even a Consultee, but has been reduced to a 'Rubber Stamp', which is the perversion of our superior written constitution drafted by the Best minds and adopted by 'We, the People'.
It MUST, therefore, be noted by All Concerned that the Apex Court cannot be the Third Chamber of Legislature to REWRITE the Law. Indepen- dence of Judiciary means non-interference in justice delivery. Conversely it also means the Supreme Court of India cannot interfere into the Legislation making.
May it also be noted that when the Judges take an Oath by the Constitution, this impugned judgment amounts to deliberate violation of that sacred oath. As such the 4 Judges cannot continue in office, for violation of the Constitution of India amounting to Contempt of Court Act. Therefore, the concerned Judges should resign if they have any semblance and sanity left; or the President of India, Head of the State and Head of the Govt. should sack the 4 Judges for this great lapse or gross abuse of power, vide powers vested in him. Dr. Pranab Mukherjee has to stand up and Right the Grave Wrong being done to our polity.
Supreme Court of India has declared a turf war between the Executive and the Judiciary by this impugned 4:1 verdict and the best way to show the supremacy of the Parliament is to issue a NJAC ordinance to make the Supreme Court Order null and void and then redraft the NJAC Act.
What we need is an Independent Judicial Commission for selection, training, promotion and removal of senile, sick, communal and corrupt judges.
By the way, what happened to the In-House Procedures laid down by the SCI on 15 December 1999 to discipline the black sheep within? Can we know from the SCI how many corrupt judges of the High Courts and Supreme Court of India have been disciplined, suspended, penalised, or removed under that law? On the contrary, corrupt judges of the High Court and Supreme Court are being shielded.
Atleast corrupt politicians can be removed by the people every five-year. But as I have been saying for over two decades, one corrupt IAS/IPS, one corrupt Judge of the High Court or Supreme Court rides on our shoulders for 30 to 40 years. Impeachment proceedings are too cumbersome and violate the first principle of law that Law applies equally to all. When the fence has started eating the crop the fence has to be repaired or replaced.
Read all about my foolproof ideas submitted to the Parliamentary Committee in 2002, on pages 93 to 95 of my 42nd Book Dr. Leo's Lens: The Blueprint for a Holistic Development of India
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