Permanent Commission for appointing judges

Former Supreme Court Judge Rohinton Fali Nariman has proposed the establishment of a Permanent Commission to appoint judges, ensuring the independence of the judiciary.

1: Dimension-Importance of Independence of the Judiciary

• Evolution in India: judiciary has evolved by emphasizing its independence as a basic structure of the Constitution.
• Judicial Appointments:There is a shift in the appointment process, where judicial appointments are now predominantly in the hands of judges themselves, ensuring greater independence.

2: Dimension-Proposed System for Judicial Appointments

• Composition of the Commission: Experts suggested a Permanent Commission comprising the Chief Justice of India and four retired judges, to serve for five years.
• Selection Process for Retired Judges: The selection of retired judges for the Commission could be done by 33 Supreme Court judges, excluding the Chief Justice. The selection could be based on suggestions from select practising lawyers of the Supreme Court and High Court Bars.

3: Dimension-Ensuring Judicial Independence

• Role of the Commission: The Commission would be responsible for appointing judges, ensuring transparency, and safeguarding the independence of the judiciary.
• Long-term Stability: A five-year term for the Commission would provide stability and continuity in the appointment process, reducing undue influence from external factors.

Mains Practice Question

Q: “The independence of the judiciary is fundamental to the functioning of a democratic society.” Discuss