October 25, 2015
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SC Judgement: Move for a Better Appointments Process

The Polit Bureau of the Communist Party of India (Marxist) has issued the following statement on October 16, 2015. IN the light of the Supreme Court judgment striking down the National Judicial Appointments Commission Act, the CPI(M) would like to reiterate that there has to be a body for appointment of judges which is not dominated either by the judiciary or the executive. The collegium of judges for appointing judges is not a transparent and democratic process. Also any process which gives the executive the opportunity to determine the selection of judges is detrimental to the integrity and independence of the judiciary. The National Judicial Appointments Commission which was constituted by the earlier law was not satisfactory in terms of its representative character and independent status; for instance, the appointment of two “eminent” persons in the six-member body. Taking the opportunity of this judgment, parliament should enact fresh legislation to constitute a National Judicial Commission which is more broad-based and representative.