See http://www.hindu.com/2008/10/14/stories/2008101459461100.htm
Concern Over Judicial Appointments
See http://www.hindu.com/2008/10/14/stories/2008101454530800.htm
Appointment of judges to higher judiciary has always been an eye of storm. The provisins of the Constitution of India is practically re-written by the judicial decisions, presently, the third judges case. Even the detailed prescriptions by the Supreme Court therein prove unsatisfactory in securing transaparency in appointments, which is crucial for both the independence of judiciary as well as its quality.
The Standing Committee on the Ministry of Law and Justice had filed a report and asked the Centre to consider evolving a new mechanism of appointments of judges. (http://www.hindu.com/2006/08/18/stories/2006081802181400.htm). The CJI himself have stated the need to streamline the present appointment process as it has "some difficulties and mistakes", while felt bound by the Supreme Court's decision. (http://www.outlookindia.com/pti_news.asp?id=612176). The NCRWC has given detailed suggestions on the issue which may be found at http://lawmin.nic.in/ncrwc/finalreport/v1ch7.htm
The consultations by the NCRWC have probed into the need of having an All India Judicial Service for the subordinate judiciary. http://lawmin.nic.in/ncrwc/finalreport/v2b1-15.htm. Find the consultation paper on higher judiciary at http://lawmin.nic.in/ncrwc/finalreport/v2b1-14.htm
See also, http://www.hindu.com/2006/12/01/stories/2006120107340100.htm, http://timesofindia.indiatimes.com/India/351_HC_judges_appointed_bypassing_SC_collegium/rssarticleshow/2679385.cms, http://www.indlaw.com/search/news/default.aspx?348069ee-3143-4ceb-95b6-17aecaab19eb
No comments:
Post a Comment