judiciary to appoint judges to go thr collegium and/or by choice by central government 11-12-23


11 December 2023 07:57

JUDICIARY TO APPOINT JUDGES TO GO THROUGH COLLEGIUM AND/OR CHOICE LEFT TO CENTRAL GOVERNMENT. I MOSTLY AVOID WRITING ON POLITICAL SUBJECTS BUT WHEN I FEEL THAT IT HAS BEEN LONG DEBATED, THEN I TRY TO PUT IN MY VIEWS TO CONTRIBUTE TO REACH A DECISION. -EARLIER I HAVE IN THIS DIRECTION GOT A BOOK PUBLISHED ON “DEMOCRARY IS A FARCE”, IT NEEDS TO BE CORRECTED ALL THE DEMOCRATIC COUNTRIES. -I BELIEVE THAT SUPREME COURT MUST CONTINUE TO SELECT AND APPOINT JUDGES THROUGH COLLEGIUM WITHOUT GOING FOR APPROVAL FROM THE CENTRAL GOVERNMENT. -MY ARGUMENT IS BASED ON THE FACT THAT AS FOR CENTRAL GOVERNMENT IS CONCERNED ALL APPOINTMENTS ARE DONE BY THE CENTRAL GOVERNMENT THROUGH THE HON’BLE PRIME MINSTER. -SO IS THE CASE IN ALL ORGANISATIONS WHETHER GOVERNMENTAL OR PROVIATE, THE THE HEAD OF THE DEPARTMENT/OWNER/BOARD OF DIRECTORS MAKE THE APPOINTMENTS FOR THEIR ORGANISATIONS THEMSELVES ALONE -SAME AUTHORITY AS SUCH MUST BE LEFT TO THE SUPREME COURT TO EXERCISE ITS POWERS THROUGH COLLEGIUM AS IT EXISTS AT PRESENT. -AS PER CONSTITUTION, JUDICIARY IS AN INDEPENDENT 3RD POLE OF DEMOCRACY, AND AS ALL THE REST ARE INDEPENDENT IN THEIR GOVERNANCE, HENCE IN ORDER TO KEEP THE INDEPENDENCE OF JUDICIARY. TOTAL INDEPENDENCE AND FINAL DECISION BY THE SUPREME COURT MUST REMAIN EXCLUSIVE, WITHOUT ANY INTERFERENCE/CHOICE BY ANY QUARTER. -AS FOR CHECKMATE FOR THE CENTRAL GOVERNMENT IS THE PARLIAMENT, LIKEWISE FOR JUDICIARY IT IS THE BAR ASSOCITION OF LAWYERS WHICH WORKS AS A WATCHDOG FOR PROPER FUNCTIONING OF THE JUDICIARY. -LET IT NOT BE FORGOTTEN, WHEN CHOICE OF SCRUTINY OR OTHERWISE IS GIVEN TO ANOTHER POWER/AUTHORITY, THEN THE INDEPENDENCE I THIINK REMAINS JUST FOR NAME SAKE. -IT IS SAID THAT IF THIS CHOICE IS NOT GIVEN TO THE HON’BLE PRIME MINISTER, NEPOTISM, FAVOURTISM AND WRONG SELECTIONS COULD BE MADE WHICH POSSIBLY COULD AFFECT IMPARTIAL DELIBERATIONS AND COURT VERDICTS. IN THIS RESPECT MY VIEWS ARE THAT IT IS THE PUBLIC AND BAR ASSOCIATIONS WHICH ARE THE WATCH DOG FOR JUDICIARY AS IN THE CASE OF CENTRAL GOVERNMENT, IS THE PARLIAMENT, THEN WHAT IS THE NEEDS GIVING CHOICE TO ANOTHER AUTHORITY, LIKE HON’BLE PM -AS INDEPENDENCE IS ESSENTIAL AND PRIME MOST OF EACH POLE OF DEMOCRACY. THE SELECTION OF JUDGES MUST BE LEFT TO THE SUPREME COURT THROUGH ITS COLLEGIUM SYSTEM, IN THE SAME MANNER AS DOES THE CENTRAL GOVERNMENT THROUGH UPSC. …………………………………………………………………………………………………………………………………………. Entirely my personal views as an Indian citizen.