What comes through clearly, beyond the wrangling over judicial appointments on Constitution Day, is that this should be ended quickly. The tussle over filling vacancies in high courts to tackle ballooning pending cases must cease, though this is unlikely in the few weeks left before incumbent Chief Justice of India T.S. Thakur retires, after presiding over the entire collegium-versus- NJAC controversy. The very idea of judges appointing judges may militate against basic principles of justice, but since the Supreme Court has ruled the collegium is the only way, it’s up to the court and the government to make sure the system works.
There is much to be said on both sides, with the CJI blaming the government and the latter issuing data to show it has appointed a record number of judges. The hitch over names not cleared, due to security reasons according to the law minister, is where egos must stop and conciliation must begin. Whatever the demerits of those not cleared, there is no unanimity in the recommendations either, as there is a dissenting judge within the collegium.
While there should be room for differing opinions in a democracy, it must be asked why should dissent be bandied in public like this. Also, the CJI is not on high moral ground over appointments as over 5,000 judicial posts are vacant in the lower courts, filling which is the sole responsibility of the higher judiciary. Nothing short of an open dialogue between the two branches (judiciary and executive) can offer a solution to the Mount Everest of pending cases.
