New Delhi, November 26
On the Law Day function a confrontation was witnessed between the Supreme Court Bar and the judiciary and the government, with the Centre rejecting the demand for inclusion of non-judicial member in the proposed national judicial council (NJC) to probe judges’ misconduct.
The demand came from Supreme Court Bar Association (SCBA) president M.N. Krishnamani, who not only levelled serious charges of corruption against the judiciary but alleged that due to defective process of appointment of judges it had virtually become inefficient.
Amid a tense atmosphere at the function due to the demand made by the SBCA chief, Law Minister H.R. Bhardwaj said neither the question arose to involve any non-judicial member in the NJC, nor was their any scope for involving the legislature. “How can the legislature be involved in the council or any layman be made part of it. If that happens, it will be a sad day for the most important institution of the country,” Mr Bhardwaj said, pointing out that the Constitution provides separation of powers of all three organs of the government to maintain a balance.
The Law Minister categorically rejected the demand for tinkering with the present system of appointment of judges of the Supreme Court and high courts and changing the composition of the NJC after the Judges Inquiry Bill has been approved by the Cabinet. He went on to describe the SCBA president’s suggestion as ridiculous.
Chief Justice of India Y.K. Sabharwal also expressed displeasure over the manner in which Mr Krishnamani tried to rake up the issue, particularly by levelling charges of corruption against the judiciary without any substance.
Raking of such issues at a solemn function like Law Day was unfortunate and if there was any problem with any of the judicial order, its correction could be sought from a larger Bench. It should not have been raised at the function, the CJI said.
