Salve doesn't subscribe to the belief that if the judiciary is not left free to appoint judges, then the independence of the judiciary will be compromised. "These are myths which need to be busted,” he stated.
Owing to the long process involved in the appointment of judges, the delays and latches cannot be affixed to any one of the bodies involved in the mechanism.
A plea by a group of lawyers challenging the elevation of Justice J S Khehar as the next Chief Justice of India (CJI) was dismissed today by the Supreme Court which asserted that there was "no question" of him being considered ineligible for the post.
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NJAC Verdict Deconstructed
The Supreme Court has told the government to submit a draft memorandum of procedures for the functioning of the collegium. Over 3,500 suggestions have already been submitted
Solicitor General Ranjit Kumar told the court that 3,500 representations have come in pursuance to the notice on the Ministry's website soliciting inputs on improving the revived collegium system.
The Prime Minister was addressing a gathering of top judges, law officers and legal experts at the foundation day celebration of National Legal Services Authority (NALSA) here with Justice T S Thakur, who is set to become the next Chief Justice, on the dais along with a few other judges.
Jaitley had said that Indian democracy cannot be a tyranny of unelected and questioned whether other institutions where appointments are made by elected representatives not credible enough.
Taking on the Finance Minister, Congress on Sunday said he should not forget that imperiousness of numbers often converts elected governments into "unabashed autocrats".
In a landmark judgment, the Constitutional bench of the Supreme Court struck down National Judicial Appointments Commission (NJAC) thus restoring the two-decade-old collegium system of judges appointing judges in the higher judiciary.
The government had envisioned the body as an alternative to the collegium system of appointment of judges to the higher judiciary. The NJAC was created via a constitutional amendment and the NJAC Act last year
A Constitution bench today could not begin the hearing to examine the validity of the law replacing the collegium system of appointment of judges as the judge heading it recused from the case following objection from petitioners who claimed conflict of interest.
The collegium system will formally end once the government sets up the six-member National Judicial Appointments Commission (NJAC), now that the constitutional amendment law has been passed by more than half the states of the Indian Union.
This is Darius Khambata's first interview ever. He's agreed to talk because he wants to share his views on a few important issues in the news.
The question the report raises is whether the NJAC will be up to handling such volumes of judicial appointments. The story also implies that during the tenure of the Modi government, the courts will see a radical change in composition – 68 percent of SC appointments and 80 percent of high court appointments.
The constitution clearly says that the executive will appoint judges after consulting the judiciary. Articles 124 and 217 are the relevant laws on the appointment of judges.