Let there be light in judicial appos

economictimes.indiatimes.com:

appointment of judges to the Supreme Court has been an ongoing tussle — at times overt, at other times covert — between GoI and the judiciary. Tuesday's cautionary by the court asking GoI not to 'pick and choose' from the collegium's recommendations underscores the need for a robust transparent system for appointing judges to the apex court.

Justice Sanjay Kishan Kaul was clear in saying that political affiliations and leanings are emerging as factors determining GoI's decision to accept the collegium's recommendations. Such an argument gains currency given increased political polarisation.

Considering the closed system of judicial appointment, determining reasons for the inclusion of an individual officer of the court in the collegium's shortlist, or approval by GoI has become solely a matter of speculation. That undermines trust in the judicial system. A robust democracy requires an independent and effective judiciary.

A transparent, accountable process of appointments is critical. The current collegium system, in which the five senior-most judges decide whom to call to the bench, makes judicial appointments entirely endogenous.

Instead, it should be replaced with a system in which rigorous review by a committee, composed overwhelmingly of judges but including extra-legal persons, is available for scrutiny. All discussions and recommendations of the committee must be recorded and made available to the public under RTI.

GoI will have the right to accept or reject candidates on the shortlist. But it, too, must record all discussions contributing to the decision. Opacity allows for manipulation and injects distrust by implying manipulation.