Judicial bills opposed

On the grounds that they will hit at the root of judicial independence, leading jurist Fali Nariman has slammed the two legislations to overturn the present collegium system of appointment of judges. Nariman is planning to challenge the legislations in the Supreme Court (SC) and feels that the apex court may strike them down, reported the Free Press Journal (FPJ) on August 15, 2014.

Nariman is not alone in his opposition to the changes as many lawyers are of the same opinion. "The independence of the judiciary is now the cornerstone of the constitution. And anything that is done which damages it is anathema,” he reportedly told a news channel after the bills were passed by the Rajya Sabha on August 14, 2014. The Lok Sabha had approved them a day earlier.
Faulting the bills on several counts, Nariman expressed his disquiet at the composition of the proposed National Judicial Appointments Commission which will have only three judges out of six members, noted FPJ. Two eminent persons in the Commission will be selected by a group comprising the Prime Minister, leader of the second largest party and the Chief Justice of India. "Eminent persons are chosen in the political sphere,” he rued, no doubt a reference to pressure brought on judges to elevate friends of questionable ethics to the higher echelons of the judiciary. Also the fact that the Commission gives veto power to any two members to scuttle any recommendation made by a majority is not acceptable, he told FPJ.