Judicial Appointments & The Government

There is a very well known of lack of judges in the Constituional Courts of this country which is now becoming more known since the processes of the courts assume more transparency and hand-over more information to the ‘people’ in the public domain.

It is very well known how judges reach the posts in the Constituional Courts, and the reason for delayed appointments by the government of the day after the Collegium recommends a name takes place. When we see certain judgments that don’t go down with the conscious of a random Constitutionalist, then there are occasions when we tend to questions the processes and conventions that are deployed to appoint judges in the Constitutional Courts.

The Modi government has always been at loggerheads with the judiciary has tried to manipulate appointment of judges by simply not approving Collegium recommended names for appointment. Further, publicly they have criticised the judiciary for being a closed door system where dynaticism is rampant, and people with no background get little or no chance to prove their worth.

This is not a very true feature, since people who get their names recommended by the Collegium often work harder to deliver justice and their exemplary perfromance and merit is rewarded by a unanimous recommendation by the sitting judges.

The distintion which needs to be present between the ‘law-makers’ and ‘law-interpreters’ is very obvious since the governments may try to by-pass the Constitutional scheme of separation of powers, and even plant their own men in the judiciary to reap benefits.

It is for this reason that the judiciary is supposedly kept away from the political executive and there is a closed door community per se that looks after the fact that no government of the day is able to put lenses of any politcal hue on the eyes of those who adminster justice.

In the spirit of Constitutional supremacy and the rule of law ruling the minds of our netas and judges, the interference and delay in approving the appointments of judges is another method of trying to disrupt the democratic funtioning of the Indian/ Bharatiya democracy.

The government should not pressure the judiciary to accept the NJAC bill, or pursue them for getting appointments notified, since at the end of the ruckus there are ‘We the People of India’ who suffer from ‘justice delayed is justice denied’ just because one political party desired supremacy over all the three organs of the State, and hence the welfarist sense of the State was lost.