"The system of judges alone appointing judges must now
change. India needs a National Judicial Commission to appoint
judges," Leader of the Opposition Arun Jaitley said, resuming
the debate in the Rajya Sabha on impeachment motions against
Calcutta High Court Judge Justice Soumitra Sen.
He said the commission's members can be drawn from the
judiciary and executive, besides prominent citizens. At
present judges are appointed by a collegium of judges.
Expressing anguish over the "increased trend" of the
executive giving jobs to judges post-retirement, he said,"There is a possibility of retirement-eve judgements getting
influenced in search of post-retirement jobs...this is a
serious threat to judicial independence."
The Constitution provides for separation of power of the
executive, legislature and judiciary, he said.
"While there is no crossing of 'Lakshman rekha' by the
executive and legislature, there is serious sidestepping from
judiciary," Jaitley, himself an eminent lawyer and former Law
Recently there were cases where courts gave comments on
how to tackle Maoism, fight insurgency and what should be the
land acquisition policy. They also commented on release of a
The courts cannot decide on these issues as they are
supposed to be dealt by the government, which alone would
decide whether to exchange an Indian prisoner for the
Pakistani prisoner with us, he said.
New Delhi: Expressing concern over questions
being raised on conduct of some judges, BJP on Thursday suggested
revisiting the process of their appointment and favoured a
National Judicial Commission to ensure selection of those with
First Published: Thursday, August 18, 2011, 17:21