The Appointment System of Judges be made Transparent to Checkmate Corruption

 According to some of the news channels a mountain of currency notes of not less than Rs nine crore were found in the residence of a judge of the Delhi High Court. It is alarmingly shocking, to say the least. It is common knowledge that many judges have been taking facilities from some people during their foreign travels but to find such a big pile of notes from the residence of any judge has been unheard of.

It is a clear case of financial corruption. Quid pro quo cannot be ruled out. Who has given this money for which for obtaining favourable order in which case can be ascertained only after thorough enquiry? If the fire had not broken out in the house of the judge in his absence, possibly secret would not have tumbled out.  What is all the more shocking is that why instead of divesting him of his works pending investigation, he has been transferred to his parent High Court of Allahabad. Indeed, High Court judges cannot be suspended in the conventional sense. However, they can be removed under specific provisions of the Constitution. Articles 124(4) and 217 outline the process for removing judges of the Supreme Court and High Courts, respectively.

The collegium system has always been under the cloud but the constitution bench of five judges did a great disservice by setting aside the NJAC, which was passed unanimously by the Parliament and ratified by 14 State Assemblies. Except for the abstention of Shri Ram Jethmalani, both houses of Parliament were of the unanimous view that that Collegium must be given go by. Only Justice Chelameswar gave his dissenting opinion in the NJAC case.

There is no gainsaying that a transparent system must be evolved for the appointment of High Court and Supreme Court judges to instil the confidence of the public in the judiciary.

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