Cong reacts cautiously to SC verdict striking down NJAC Act

Congress today said the collegium system which will stage a comeback after the Supreme Court scrapped NJAC is "shrouded in secrecy" and has been questioned on various counts, but asserted that the verdict should not be viewed as a confrontation between Parliament and judiciary.
In a cautions response, the party noted that Constitution Bench "has itself recognized" the shortcomings in the process of appointment of judges to higher judiciary while directing to hear arguments on issue of ensuring transparency, accountability and responsibility of collegium system, and said that the need was to "look forward".
Congress' chief spokesman Randeep Surjewala also said that the party wants to study the Constitution Bench verdict in greater detail and consult its legal experts before making an elaborate comment on the issue.

Noting that Congress respects the judgment on NJAC issue, he insisted that independence of judiciary is a key fundamental of democracy.
"There can be no compromise on the same," he said, asserting the quashing of NJAC should not be viewed as a confrontation between judiciary and Parliament and the focus should be on looking forward to address the issue.
Surjewala said that it is also "true" that the existing collegium system is "shrouded in secrecy and over confidentiality."

"Discretion to appoint judges must be based on objective and not subjective criteria. Transparency, accountability and responsibility of collegium system is must and has been under question", he said.

Besides, he said there is no institutional mechanism to check and address complaints of corruption and nepotism in higher judiciary.
"We are happy to note that Constitution Bench has itself recognized these shortcomings and has directed to hear arguments on the issue of ensuring transparency, accountability and responsibility of collegium system in the first week of November, 2015," he said.
He said "instead of looking backward, we must look forward to address the issue in hand".
"Under no circumstances should elements within or outside the government venture into an atmosphere of confrontation between Parliament and judiciary," he said.
He noted that the important question is not who will appoint judges but important question is as to how will the judges be appointed?

"Whether system of appointment of judges to higher judiciary can be transparent, accountable and responsible in a fashion that is best for the growth of a healthy democracy while maintaining complete independence of the judiciary is the moot question to be addressed", he said.
All parties must look forward to fiercely upholding the independence of judiciary and building a system of appointment of judges that is truly transparent, fully accountable and comprehensibly responsible, he added.