"The object of placing the power of judicial appointments in an independent body is to remove patronage from the system and ensure that judges are appointed only on the basis of their qualifications."
The process by which a judge is appointed to the High Court or the Supreme Court has been described as 'one of the best kept secrets in this country'. Choosing judges based on undisclosed criterion in largely unknown circumstances reflects an increasing democratic deficit. The Hindu : Opinion / Op-Ed : Who should judge the judges?
The rationale for the establishment of a commission must be that it will guarantee the independence from inappropriate politicisation, strengthen the quality of appointments, enhance the fairness of the selection process, promote diversity in the composition and therefore rebuild public confidence in the system.
International consensus seems to favour appointments to the higher judiciary through an independent commission.The outcome of the reforms would depend on the way in which the commission is set up and the model adopted.
The rationale for the establishment of a commission must be that it will guarantee the independence from inappropriate politicisation, strengthen the quality of appointments, enhance the fairness of the selection process, promote diversity in the composition and therefore rebuild public confidence in the system.
International consensus seems to favour appointments to the higher judiciary through an independent commission.The outcome of the reforms would depend on the way in which the commission is set up and the model adopted.
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