Letters: Seeking transparency

With reference to the editorial, “The judicial logjam” (March 30), the tussle between the central government and the Supreme Court over Memorandum of Procedure seems to be predicated on the wrong premise.

The government, in its zeal to have veto power in the appointment of senior judges, has barked up the wrong tree by insisting on “national security” as justification for rejecting the Supreme Court’s nominees for judgeship.

First, this insistence by the government does not betray any perception of inadequacy in the Supreme Court’s process of choosing candidates for judgeship. The government, too, does not seem to have suggested any mechanism to strengthen the process at the Supreme Court so as to block nomination of any candidate with potential “security” threat to the nation.

Second, even if the government wanted to have the final say on the matter, it should have been forthright with due justification. Instead, it has cloaked its intent in a vague omnibus term, which no right-thinking citizen can endorse. Of all the potential consequences that might arise out of the misuse of such power, the most damaging would be the defamation and existential crisis that would befall the possible candidate.

The Supreme Court has so far been steadfast in countering the government's attempt to encroach on its jurisdiction. However, the ideal way for the Supreme Court would be to initiate a road map to make the entire process of appointment of top judges in the country open and transparent. While the Supreme Court is one of the shining institutions in India and a beacon of hope for the masses, the appointment process followed by it for senior judges leaves much to be expected. A transparent process would inspire confidence and also make the central government see reason.

Santanu Sarma Barua |  Bhubaneswar

 

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