PIL seeks new process for judges’ appointment

Contending that the “collegium” system has only promoted favouritism in the judiciary, a PIL has been filed in the Supreme Court by National Lawyers’ Campaign for Judicial Transparency and Reforms, Mumbai, seeking a new mechanism for the appointment of judges in high courts and the Supreme Court.

The petition states that the collegium system has failed totally and has led to monopoly in the august office of judges of the higher judiciary by the kith and kin of sitting and former judges.

The PIL said, “The order dated 16.12.2015 passed by the SC has given a road map for the improvement of the collegium system. It is within that road map to advertise vacancies, invite applications, establish a secretariat to scrutinise those applications, shortlist the same, select the candidates on a tentative basis, notify such selection to the public at large, invite objections and complaints, if any, from the public... All needs to be done in a transparent manner.”

The petition said the proposed memorandum of procedure, which seeks to provide for a non-statutory, if not secretive, eligibility criteria and procedure, is violative of the Constitution.

It wanted a direction to the Union of India to bring into existence such legislative or administrative measures for the creation of a non-governmental/non-departmental public body, nay, a Judicial Appointment Commission which will be independent of both the executive and the judiciary to select judges for the higher judiciary.

It wanted that judges should be selected by inviting applications from all eligible candidates, invite references from all stakeholders, the Bar Associations, the public at large, and above all to see that “judges are not only selected in a fair and open way but are seen by the public to have been chosen in the fairest possible way, taking nothing into account other than their merit and character.”

The PIL also sought an injunction restraining and prohibiting the Centre from selecting and appointing judges to the higher judiciary except by way of a non-discriminatory process which will afford equal opportunity to be considered for all eligible lawyers, where there is no room for patronage and influence but which will ensure a fair selection from a diverse and wider pool of candidates.