A trojan horse at the judiciary’s door

June 15, 2013 | Law News

by Anil B. Divan

The government’s attempt to restore the predominant voice of the political class through the Judicial Appointments Commission is a recipe for disaster

“Even so, the creed of judicial independence is our constitutional ‘religion’ and, if the executive use Article 222 to imperil this basic tenet, the Court must ‘do or die’” — Justice Krishna Iyer

A recent proposal for a Judicial Appointments Commission as structured by the government poses a grave threat to the independence of the judiciary. According to media reports, the Commission is likely to consist of seven members — the Chief Justice of India and two senior-most judges of the Supreme Court, the Law Minister, two eminent jurists nominated by the President, and the Leader of the Opposition. If past experience is a guide, eminent jurists enjoying or aspiring to enjoy political power, or beguiled by official patronage, have displayed little warmth and much hostility to the independence of the judiciary and the rule of law. The present proposal will require a constitutional amendment. …read more

Latest Decisions

Supreme Court

Bhadragiri Venkata Ravi vs Public Prosecutor H/C Of A.P., on 29 May, 2013 (Jun 18, 2013 22:22)

Rohtash Kumar vs State Of Haryana on 29 May, 2013 (Jun 18, 2013 22:22)

Kusti Mallaiah vs State Of A.P. on 28 May, 2013 (Jun 18, 2013 22:22)

S.R.Tewari vs Union Of India & Anr on 28 May, 2013 (Jun 18, 2013 22:22)

Sri. Sujit Biswas vs State Of Assam on 28 May, 2013 (Jun 18, 2013 22:22)

Bombay High Court

Rt vs 6, Tilak Mark, New Delhi 110 001 on 14 June, 2013 (Jun 19, 2013 00:32)

C vs New Delhi - 110 065 on 14 June, 2013 (Jun 19, 2013 00:32)

Rt vs 6, Tilak Mark, New Delhi 110 001 on 14 June, 2013 (Jun 19, 2013 00:32)

Aged 48 Years, Occupation Service vs H on 13 June, 2013 (Jun 19, 2013 00:32)

M/S.Jindal Poly Films Ltd. & Anr vs The State Of Maharashtra & Ors on 10 June, 2013 (Jun 19, 2013 00:32)

source: indiankanoon.org

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