DMK seeks consultation with states in appointment of judges

With the Supreme Court eliciting views on improving the Collegium system of appointment of Judges, the DMK has sought a mechanism to act on complaints of corruption in judiciary, besides suggesting a "consultative process" involving states in appointments.
"In a democracy, transparency and accountability are the touchstones and cannot be shirked by any institution, even the judiciary. Probity in public life is of paramount importance and no person, not even Judges, are above scrutiny," it said.
A memorandum to the Department of Justice under Union Law Ministry by DMK Organising Secretary R S Bharathi said present system did not enable members of public, litigants and lawyers to voice their "genuine grievance" against sitting judges and hence there was a need for a mechanism to address such cases.

Such "complaints must be received by an appropriate body and must be investigated fairly," it added.
"The Judges Inquiry Act legislated in the year 1968 is outdated and of course can be taken as a last resort," it said, adding the very Collegium that appoints Judges can receive complaints and conduct an inquiry if warranted.
"The Collegium must also be empowered to take suitable action in case the complaint against the judge is found to be true," it said.

Further, the party called for a bigger role for states in the appointment of judges.
DMK "suggests that appropriate directions ought to be given to elicit the views of the state governments and consider them even before recommending names by the Collegium for appointment to the High Courts," it said.

State governments were 'closest to people' and therefore in the best position to voice their concerns, it said, adding in a federal structure states had 'equal stake' in dispensation of justice.
The opinion of the state governments regarding eligibility and suitability of those being recommended to Higher Courts must be considered with due importance by the Collegium of Judges even before final recommendation of names, it said.
"And only this collective consultative process will serve as an in-built mechanism to know effectively the background of the candidates to be recommended besides against any arbitrariness or personal bias in selection and appointment of Judges," the party said in the memorandum, a copy of which was marked to the Attorney General of India.

The party also said there was "no transparency in the selection of candidates for Higher Courts" and that the views of the government, "which represents the people, can and is often overruled," by the views of the collegium.
The manner in which appointment of judges was being done "needs a rethinking and re-working since the experience of past 17 years after Collegium system came into existence has shown us that social justice is hardly reflected," it said.
Therefore, the Collegium should give equal importance to all sections of society and ensure social justice and equal importance to all lawyers irrespective of caste, creed, religion and language, DMK suggested.