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This is an archive article published on October 23, 2008

Make appointments to higher judiciary transparent: panel

The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has reiterated the need to make appointments to higher judiciary...

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The Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice has reiterated the need to make appointments to higher judiciary “transparent” so as to ensure that only deserving candidates make it to the Bench.

Interacting with the media after the 28th report of the committee was tabled in both Houses of Parliament on Wednesday, panel chairman E M Sudarsana Natchiappan, a Congress MP in the Rajya Sabha, said the present system of appointment of high court and Supreme Court judges through the collegium system had failed.

“Why is the entire process shrouded in mystery? There is need to have transparency in the appointment process. At each stage, starting with the process of screening of candidates, the material should be placed on the website of the Supreme Court so that the public is able to monitor the selection process. This will also lead to more accountability,” Natchiappan said.

He said the committee was in favour of reverting to the pre-1993 system of selection of judges, when the executive played an important role in the process. The power of appointing judges was taken over by the Indian judiciary through a judgment made in 1993.

The committee has also recommended that in a order to bring down the arrears of cases, the number of judges in the Supreme Court be raised to 31 from the present 26.

“The very purpose of this sanctified institution is defeated if timely justice is not delivered to the people,” said Natchiappan.

A Bill to increase the number of SC judges is already pending in Parliament.

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Natchiappan said the panel had also recommended fewer court holidays, higher apex court fees for commercial litigants and raising the retirement age of high court judges to 65 years.

“The Committee has directed the Government for taking every conceivable step to reduce the pendency of cases not only in the Supreme Court but also in the High Courts and subordinate courts so that delays occurring due to pendency of cases are reduced,” he said.

 

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