We note that for the second time in quick succession, the recommendations of the Collegium for the appointment of judges to the Supreme Court have been returned by the Government. In Justice Dinakaran’s case, some of the allegations against him have been subsequently been confirmed by the District Magistrate, leading to an impeachment motion against him which has been admitted by the Chairman of the Rajya Sabha.
We are disturbed that recommendations have been made without any transparency and without proper verification of the antecedents & reputation of those recommended.
The committee strongly feels that responsible members of the bar of the concerned High Courts should be consulted before the Collegium makes any recommendation to the Government. Pending the constitution of a full time National Judicial Appointments Commission, we urge the SC Collegium to
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a) Fashion after public debate, an open, accountable and participatory procedure for making recommendations for judicial appointments; and
b) Not to recommend persons for appointment until the names have been made public, and members of the bar & public are enabled to share the relevant information that they might have about the proposed appointees with the Collegium.
Signed by:
Ram Jethmalani,
Shanti Bhushan,
Fali Nariman,
Anil Divan,
Kamini Jaiswal,
Prashant Bhushan
