The Hindu : Tamil Nadu News : Transparency in selection, appointment of judges sought

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Sunday, Nov 05, 2006
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Tamil Nadu

Transparency in selection, appointment of judges sought

Special Correspondent

It will not make judiciary subservient to executive: Tulsi

CHENNAI: The Supreme Court Bar Association and the All India Bar Association (AIBA) have called for total transparency in selection and appointment of judges to the higher judiciary.

Addressing a national seminar organised by the associations here on Saturday, senior counsel K.T.S. Tulsi said: "If we are to lend greater stability to the institution, the procedure of nomination should be made more transparent. If the judiciary requires a firm footrest for its lumber support, it must pave the way for a transparent procedure in inviting applications, making assessments and consulting other organisations like Bar associations in an open and transparent manner."

Relevant factors

Transparency in the process would not make the judiciary subservient to the executive, he said, adding that the rule of primacy of the Chief Justice of India alone could not ensure selection of the best. Factors such as integrity, skill, emotional stability, legal acumen and endurance should be the relevant criteria for prospective judges. The proposed National Judicial Commission too did not address the issue of transparency.

President of the Supreme Court Bar Association M.N. Krishnamani said corruption in judiciary was an attitudinal problem and its growing proportions were a cause for concern. Increasing the retirement age of High Court judges from 62 to 65 would end lobbying for elevation. The retirement age of judges in the Supreme Court should be retained at 65. He also favoured an all-India Judicial Service examination for appointment of judges to the subordinate judiciary.

AIBA chairman Adish Agarwala said the present system provided for an in-house system to place checks on the conduct of erring judges, which would be further strengthened by the formation of the National Judicial Commission. AIBA vice-chairman S. Prabakaran said selection of High Court judges from among district judges should be avoided completely as the nature of work in sessions courts was different from the High Court.

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