Author: Times News Network
Publication: The Times of India
Date: September 10, 2016
URL:   http://epaperbeta.timesofindia.com/Article.aspx?eid=31804&articlexml=Make-selection-of-judges-transparent-10092016011007

Former CICs, Activists Write To CJI

Former information commissioners and activists have written to Chief Justice of India, T S Thakur, expressing concern over the lack of transparency in appointment of judges.

The letter ­­ signed by senior Supreme Court lawyer Prashant Bhushan, former chief information commissioners Wajahat Habibullah and Satyananda Mishra, NCPRI's Nikhil Dey and Anjali Bharadwaj, among others ­­ suggests measures like setting up a broad-based selection committee and making public the eligibility criteria, process of selection of judges and names of shortlisted candidates. The move comes after Justice J Chelameswar's refusal to attend meetings of the collegium over alleged lack of transparency .

“The refusal of Justice Chelameswar to attend meetings of the collegium on the grounds that it's functioning lacks transparency to the extent that even some members of the collegium are unaware of the basis on which judicial appointments are made, points to the deep malaise that afflicts the judicial appointment process. His views have been echoed by other legal luminaries, including former CJIs. Such a state of affairs erodes public trust in the institution,“ the letter said. The activists expressed “deep concern and anguish“ that the apex court appeared to be “reluctant to be trans parent and accountable“.

Opaqueness in judicial appointments has been a matter of much public debate. The 2015 Supreme Court judgment in the National Judicial Appointments Commissionmatter also underlined the need to enhance transparency in the functioning of the collegium system.

Information about the process of selection of judges is not disclosed to the public.Reportedly , minutes of the collegium meetings are also not maintainedthe letter added. Activists have suggested that a broad-based search committee, along the lines of the committee envisaged in the Lokpal and Lokayuktas Act, 2013, be established to assist the collegium in shortlisting candidates. “The search committee could predominantly consist of judicial members. The committee should issue an advertisement inviting eligible people to apply and should also have the freedom to employ other methods they deem appropriate to look for potential candidates,“ they suggested.