Legal luminary and former law minister Ram Jethmalani on Saturday argued in favour of a national law commission,a body which he said should have a varied representation,to replace the present system of appointment of Judges.
It must comprise the chairman of the Bar Council of India,if his son is not in the field of law whom he can promote using his position,also the academic world must be represented in the commision, he said. Jethmalani was addressing students of the Bharati Vidyapeeths New Law College on the topic Appointments in Higher Judicial System.
Jethmalani said that as the cabinet is involved in the selection of judges even when government is the litigant in many cases,even the leader of opposition must be on the said panel. People from the world of social sciences,successful politicians,people who know the problems of labour,all should be members of such a body.
Some political parties had written in their political manifesto about judicial reforms and change in the appointment system of judges. But the judicial system has not been changed as all of the politicians want corrupt judges, said Jethmalani. He questioned how the Union of India,which is the chief litigant in the country in lakhs of cases can appoint judges. If a litigant decides who will become a judge,then you are not making the right man the Judge. Speaking on the case of Justice Dinakaran,Jethmalani said that the Supreme Court is wrong if it says that it would sit down and investigate if the charge against Dinakaran is right or wrong.
If the judge does not command universal respect,if the bar is opposed to the judge and he has been accused of illegally taking over private land worth around Rs. 500 crore,then he is a dacoit, he reasoned.
Time has come to rethink the induction of judges. Our Constitution is borrowed from the British,in which the appointment of judges was made by the crown. Among the many paradoxes is that the highest judge is the member of the cabinet. The British,because of their character,were able to put up with this system,but this has not happened in our country. So,in India,judges are appointed by the President,which ultimately means the Prime Minister,Law minister and the cabinet is indirectly responsible.