With reference to Subir Roy's piece, "Be transparent, keep politicians at bay" (September 7), it sounds strange that the author is all in favour of "judges should appoint judges". Further, irrespective of his seeking transparency on the matter, such a proposal undermines the authority of the executives as mandated by the Indian Constitution. Mind you, the so-called politicians are the duly elected representatives of the people and have been duly empowered by the law of the land to 'approve' all the appointments (including judicial ones) across the country.
How could the politicians (read: government) be totally 'sidelined' as per the columnist's own wishes? Of course, they have to meticulously follow the Constitutionally laid down procedure on this issue too.
But then, what is wrong even if the government wishes to have the final say here through its brain-child, the National Judicial Appointment Commission? In an effort to ward off the ongoing controversy between the Judiciary and the Executives, there could be some re-thinking on the institutionalisation of such 'autonomous' body that may be composed of the Chief Justice of India, the former eminent jurists and educationists with proper legal background (but no government nominee on its panel) to make recommendations for transfer and appointment of the senior judges including that of the superior courts. This could perhaps ensure the invocation of much needed transparency and impartiality too based on the valid reasoning and the supporting documents also.
In all fairness, we should not question the credibility of any one (neither the top judges nor the political class) unless there are incontrovertible evidence to the contrary. It's not a matter of whose word prevails but more of the upgradation and refurbishing of the extant judicial system also as per the need of the hour. So, let us have no malice towards anyone while duly respecting the authority and integrity of the honourable Supreme Court in all circumstances.
Kumar Gupt, Panchkula
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