Letter to BS: SC questions govt move to examine HC judge contenders

With reference to news highlighting the ongoing tussle between the government and the Supreme Court collegium over the appointment of judges to the apex court and various high courts, there are no two ways about it — an independent judiciary is non-negotiable in a vibrant democracy like India. While the government of the day could be well within its right to reject the Supreme Court collegium’s recommendations, its plea of maintaining “seniority” and “diversity” does not hold water. 

One earnestly wishes that the government had made some genuinely acceptable propositions if it did not wish to elevate the Chief Justice of the Uttarakhand High Court, Justice K M Joseph, to the Supreme Court under the “shadow” of settling political scores.

As is well known, if the collegium does “reiterate” its decision, the government will have no other option but to duly “respect” the same. The moot question remains whether such a piquant situation wouldn’t be grossly humiliating for both Union Law Minister Ravi Shankar Prasad and the government. The government and the collegium should normally be seen to be on the same page, and their stand-off does not augur well for Indian democracy. Since it always takes two hands to clap, both should rise to the occasion.

S K Gupta, New Delhi

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