Balance required for appointing judges: Jay Panda

New Delhi, July 29 (ANI): Biju Janata Dal (BJD) leader Jay Panda said on Tuesday that the there needs to be a balance between the executive, legislature and the judiciary for the appointment of judges.

Panda told ANI, "In all democracies there is a balance between the executive, legislature and the judiciary for the appointment of judges. In India, the collegiums system was created to counter balance the complete dominance of the executive which had led to certain problems. But the present system is also leading to problems as lawyers and judges are themselves pointing out.

"So there has to be checks and balances to ensure that the people with the greatest integrity and legal acumen become our judges. It cannot be like only the judiciary will appoint the judges or only the executive or the legislature," he added.

In a judgment passed in 1993, a nine judge bench of the SC had established the primacy of the judiciary in the appointment of judges.

Under the collegium system, the government has no say in the appointment of judges, as the collegium is the final authority.

Retired Justice Markandey Katju had said earlier today that there should be a seven member national judicial commission including the senior most judges of the Supreme Court, the Law Minister and the Leader of the opposition in Lok Sabha, to appoint judges.

"They should hold a meeting and it should be televised so that all people in India can see it and there is total transparency. They should call the prospective candidate and ask him questions about his earlier functioning as a High Court judge and also his personal life, as is done in the United States," Katju had told ANI. (ANI)

I agree with Justice Markandey that we should follow the US system where important appointments are vetted by as done in the USA.

But then should we not do the same for our ministers?

Do you think people like Nitin Gadkari, Nihal Chand, Smriti Irani would pass muster? Why should only judges be quizzed?  Why not our MPs and MLAs? How can they become MPs and MLAs with serious charges against them and also be provided Z class security just because they are the PMs side kick?

Before our politicians point fingers at the judiciary, they should first set their own houses in order.

In the present case ,the collegium had taken correct decision. It was the executive who made them change it under the arm twisting of their southern ally.