The Hindu : CMs should have say in HC judge appointments: AIADMK

Online edition of India's National Newspaper
Sunday, Apr 06, 2003

Southern States

Southern States - Tamil Nadu

CMs should have say in HC judge appointments: AIADMK

By J. Venkatesan

NEW DELHI APRIL 5. With the Tamil Nadu Government's objections regarding appointment of High Court Judges (with regard to some names) having been ignored recently, the ruling AIADMK has written to the Centre suggesting that Chief Ministers should have a say in judicial appointments.

This view of the party on the proposed National Judicial Commission (NJC) has been conveyed to the Centre which is keen on building up a consensus among political parties on this issue.

The Government wrote to the major political parties that it was committed to the establishment of the NJC, which would make recommendations for appointment of Judges of the Supreme Court and the High Courts and also draw up a Code of Ethics for Judges and sought their response.

The AIADMK said in the matter of appointment of High Court Judges, "the Chief Minister of the State should be given primacy as in the case of the Chief Justice of the High Court as much as the Central Government is given primacy in the case of the Chief Justice of India".

"A proposal for appointment of Judges for the High Court can emanate from the State Government also, though normally it has to emanate from the Chief Justice of the High Court. Excluding the State or the Executive completely in this regard is neither just nor desirable''.

The party further said "there was nothing wrong in the system prevailing before 1981 as interpreted in `S.P. Gupta case', though there might have been some instances where there had been some aberration in the minds of the authorities concerned in the appointment.

"The candidate whose name is sponsored by the Supreme Court should be recruited and passed by the Cabinet. As in the USA there must be transparency of appointment before it is done. Executive consultation must be there. If it is the High court, the State or Chief Minister should have a say in the matter of appointment and vis-a-vis the Supreme Court, the Central Government should have the final say".

According to the party, exclusion of the executive completely by vesting the power in the Chief Justice of India with or without a collegium of Judges will not be in the interest of the public and preservation of the independence of the judiciary. It had made it clear to the Centre that "completely eliminating the say of the executive is not acceptable". Merit, ability, competence, integrity and suitability of the candidate alone were not enough; the person's social outlook, concern for public interest and promotion of equality and his/her political outlook were also important.

Congress endorses stand

The Congress, endorsing the AIADMK's stand, suggested that appropriate amendments be made to Articles 124 and 217 (relating to appointment of Supreme Court and High Court Judges) of the Constitution to obviate the effect of the 1993 judgment and to restore the earlier procedure of the executive having a say in the appointment. Most other political parties felt that establishment of a judicial commission was essential to make recommendations for appointment of Judges. With consensus still proving elusive, it was unlikely that the Government would introduce a Bill for the NJC in the Budget session resuming on Monday, sources said.

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