Must guard freedom of judiciary, says Supreme Court
Supreme Court says judiciary must be independent for protecting citizens’ rights
By : j. venkatesan
Update: 2015-10-17 01:51 GMT
New Delhi: The Supreme Court on Friday held that the expectation from the judiciary, to safeguard the rights of the citizens, can only be ensured, by keeping it absolutely insulated and independent, from the other organs of governance.
In his main judgment Justice J.S. Khehar said “In India, the organic development of civil society, has not as yet sufficiently evolved. The present status of the evolution of the “civil society” in India, does not auger the participation of the political-executive establishment, in the selection and appointment of judges to the higher judiciary, or in the matter of transfer of Chief Justices and Judges of one High Court, to another.”
Justice Khehar agreed with the apprehensions voiced by counsel for the petitioners, Advocate on Record Association and others that vesting powers in Parliament to frame regulations and rules for appointment of judges, including to determine whether a supreme court judge is fit to be elevated as the CJI, even overlooking the seniority will be dangerous precedent.
The court said “Experience had shown, that adhering to the practice of appointing the senior most Judge as the Chief Justice of India, had resulted in institutional harmony and collegiality amongst Jud-ges, which was extremely important for the health of the judiciary, and also, for the independence of the judiciary. It would be just and appropriate, at the present juncture, to understand the width of the power, so as to prevent any likelihood of its misuse in future.”
The court agreed with the submissions that various ways and means could be devised to supersede senior judges, to bring in favourites. Past experience had shown, that the executive had abused its authority, when it departed from the seniority rule in April 1973, by superseding J.M. Shelat, the senior most judge, and even the next two judges in the order of seniority after him, namely, K.S. Hegde and A.N. Grover, while appointing the fourth senior most Judge A.N Ray, as the Chief Justice of India’.
Justice Khehar said “Again in January 1977 on the retirement of CJI, A.N. Ray, the senior most Judge H.R. Khanna, was ignored. Such control in the hands of the executive, according to learned counsel, would cause immense inroads in the decision making process.”