Thursday, November 5, 2015

[IAC#RG] Suggestions for Supreme Court Collegium

Dear India Against Corruption subscribers

IAC shall be submitting its views on appointment of senior judges / collegium

We would appreciate your crisp suggestions / points for incorporation
i IAC's suggestions by return reply, under the following categories:

a) transparency
b) need for eligibility criteria to appoint judges
c) establishment of of a secretariat for the collegium
d) establishing a mechanism for redressing complaints

(NB: Due to very short time, we may not be circulating your
suggestions to the list, but shall read them offline)

PS: At the present time (based on numerous emails to this list by
esteemed subscribers) a sketch of IAC's POV (open to modification /
course correction upon feedback)

a) the judiciary (especially the higher judiciary) is vitiated by corruption

b) judicial appointments are not done by merit or to select upright
candidates and judges of integrity,

c) the 'collegium' is a rotten and secretive body which should be done
away with

d) There are no external checks and balances in judicial appointments
and judiciary has evolved into a self appointing self sustaining mafia
existing to employ the vast array of lawyers/advocates who are
essentially parasites and blood-sucking vampires who pay tribute to
their masters. In such circumstances the litigant public is denied

e) Each and every action of judiciary should be done publicly, eg.
video streaming over internet etc, and recordings preserved
permanently and be accessible suo-moto and under RTI

f) The SC had an inherent conflict of interest in upholding the
collegium system.


press reports:

"The suggestions to be submitted to the court should be under four
categories -- transparency, need for eligibility criteria to appoint
judges, establishment of a secretariat for the collegium and evolving
a mechanism of redressing complaints. If a submission does not qualify
for any of the groups, it can be listed as "miscellaneous".

The move came a day after the SC said it would consider suggestions
but ruled out wholesale changes to the existing mechanism of judges
appointing judges that the top court upheld on October 16 when it
quashed as unconstitutional the National Judicial Appointments
Commission (NJAC) Act passed by Parliament.

Rohatgi also volunteered to webhost the compilations submitted to the
bench by additional solicitor general Pinky Anand and senior advocate
Arvind Dattar, prepared on the basis of suggestions given by
individuals, including academicians, on the website of the law
ministry's department of justice.

"Suggestions received by 1700 hours on November 13 shall be
entertained. No further suggestions will be entertained," the bench