Selection of judges

THE last few months have been unedifying for the higher judiciary which has arogated to itself the powers to appoint brother judges. First there was the Justice Karnan episode. His appointment was widely questioned after his tragicomic defiance of the Supreme Court. Then Justice Jayant Patel quit the judiciary on being shifted to the Allahabad High Court instead of being elevated as Chief Justice of the Karnataka High Court or to the Supreme Court. No explanation was given as to how the collegium of judges reached the decision to shift him instead of promoting him, amidst allegations by senior lawyers that the apex court was displaying tendencies of siding with the ruling power arrangement.

The Supreme Court’s decision to ensure greater transparency in judicial appointments will quell various apprehensions expressed several times about the system of judges appointing brother judges. The court has kicked off the process by uploading the reasons for approving fresh appointments to the High Courts of Kerala and Madras. This is a welcome first step. However, it needs to be followed up by opening the Supreme Court to the RTI Act and making public the results of in-house enquiries against judges. Also mere transparency may not be adequate. The court should also look at reviving the idea of a secretariat to collate data on prospective judges and place it before the collegium.

Sceptics could pick a bone even with this historic decision by drawing attention to the lack of audio-video recording about the deliberations. Of greater importance, however, is consistency in posting such information. The sorry track record of voluntary disclosure of judges’ assets does not give much confidence. Initiated in 2012, the practice has fallen into disuse. As of now, the assets of only 13 judges figure on the court website. Nevertheless, it is heartening that the court has heeded the grumblings about the opacity in the appointments system. This measure will go a long way towards ensuring the people perceive the judges as fair, reasonable and transparent.