Bhardwaj bats for strong system of judicial appointments

Image
Press Trust of India New Delhi
Last Updated : Jul 22 2014 | 9:35 PM IST
In the eye of a storm over the extension to a high court judge facing corruption allegations, former Law Minister H R Bhardwaj today supported strengthening the present system of judicial appointments saying the NDA government should take steps in this regard.
He said the Executive is within its rights to have a law properly defined and laid down by parliamentary procedure.
"Parliament amends the Constitution or makes study of existing laws and improve on it. It is the responsibility of the present government to take the view of anybody they like and decide. They have to do it," he said here.
He said the present collegium system was decided by the Judiciary.
"... The rationale is not what Justice Katju says or others say. The rationale is proper interpretation of Constitution and Constitution is interpreted by judges. That is why this collegium system came," he said.
The Supreme Court collegium was initially hesitant to recommend extension of a Madras High Court judge who was under corruption cloud but did so later after a nudge from the UPA government, Law Minister Ravi Shankar Prasad informed Parliament today.
Prasad said in 2003, the collegium had "certain reservations" and had made some enquiries and decided that the case of this judge should not be taken up.
But later during the UPA rule, a clarification was sought by the Prime Minister's Office (PMO) as to why he should not be recommended, the minister said in the Lok Sabha.
The collegium again said he should not have been recommended at all, he said.
Later, the Department of Justice in the Law Ministry wrote a note to the collegium following which it said that his case can be considered for some extension, Prasad said, adding the matter stood there thereafter.
Bhardwaj was then the Law Minister.
*Subscribe to Business Standard digital and get complimentary access to The New York Times

Smart Quarterly

₹900

3 Months

₹300/Month

SAVE 25%

Smart Essential

₹2,700

1 Year

₹225/Month

SAVE 46%
*Complimentary New York Times access for the 2nd year will be given after 12 months

Super Saver

₹3,900

2 Years

₹162/Month

Subscribe

Renews automatically, cancel anytime

Here’s what’s included in our digital subscription plans

Exclusive premium stories online

  • Over 30 premium stories daily, handpicked by our editors

Complimentary Access to The New York Times

  • News, Games, Cooking, Audio, Wirecutter & The Athletic

Business Standard Epaper

  • Digital replica of our daily newspaper — with options to read, save, and share

Curated Newsletters

  • Insights on markets, finance, politics, tech, and more delivered to your inbox

Market Analysis & Investment Insights

  • In-depth market analysis & insights with access to The Smart Investor

Archives

  • Repository of articles and publications dating back to 1997

Ad-free Reading

  • Uninterrupted reading experience with no advertisements

Seamless Access Across All Devices

  • Access Business Standard across devices — mobile, tablet, or PC, via web or app

More From This Section

First Published: Jul 22 2014 | 9:35 PM IST

Next Story