Don’t bypass judicial candidates over political links, SC tells govt.
The Hindu
The Supreme Court on Tuesday made it clear to the Centre not to selectively bypass people recommended by the collegium for judicial appointment merely for their political connections or for defending a case against the government in court.
The Supreme Court on Tuesday made it clear to the Centre not to selectively bypass people recommended by the collegium for judicial appointment merely for their political connections or for defending a case against the government in court.
“We have a system of governance by which different parties govern different States… You have to balance the fact that 40% of the States are governed by Opposition parties. So, there may be people holding law officers’ positions or having some association with these parties… Some lawyers are recommended by the collegium, even if they are not politically very active, but have some connection with either the ruling or the Opposition parties,” Justice Sanjay Kishan Kaul, heading a Bench with Justice Sudhanshu Dhulia, addressed the Centre, represented by Attorney-General R. Venkataramani.
The court differentiated between a candidate’s association with a political party, for instance as a law officer for the State, with someone having a “deep-rooted political aspect that will affect his judicial work”.
Likewise, Justice Kaul said someone’s expertise as a criminal lawyer with a record of representing accused persons against the government should not be held against him during judicial appointment process.
“As a criminal lawyer he might have invariably done cases against the government. But that is all the more reason that he will be adept in hearing criminal cases on this side. If you choose a person on the basis of who he appeared for, only public prosecutors can be elevated to the Bench,” Justice Kaul observed.
The Bench warned that the government’s selective transfer of High Court judges, despite repeated cautions from the top court, may trigger an “unpalatable” reaction from the collegium.
“Once people are appointed as judges, where they perform their duties cannot be a matter of concern for the government… Whether a judge should work in ‘A’ court or ‘B’ court should be left to the judiciary. We are reaching that stage where tomorrow the collegium will collectively advise not to assign judicial work to this judge… Do not make us take that step. It is not beyond our powers to do so. I am saying this with responsibility after discussion with the collegium. It is not an off-hand remark from me,” Justice Kaul warned the government.
No room for complacency till counting is completed, Chandrababu Naidu tells TDP-BJP-JSP contestants. The TDP-BJP-JSP alliance will register a comfortable victory in the general elections over the YSRCP, he says. Alleging that the YSRCP has conspired to create disturbances on the counting day, the TDP national president advises the chief counting agents and their teams to see to it that the officials adhere to norms related to counting.