Judges oppose but Govt proposes

This is by far the most forthcoming statement from the Government to proceed with the idea of the judicial commission in the teeth of opposition from successive Chief Justices of India, from Justice A S Anand to Justice B N Kirpal, the current incumbent.

The establishment of the judicial commission, recommended earlier in the year by the Constitution Review Commission, will erode the primacy the judiciary assumed nine years ago in the appointment of judges to the high courts and Supreme Court.

The judicial commission is proposed to include the law minister and ‘‘one eminent person’’ to ensure ‘‘effective participation of both the executive and judicial wings’’ in appointing judges.

Incidentally, Krishnamurthi’s remarks come a day after President A P J Abdul Kalam inaugurated the National Judicial Academy. This institution, built at a cost of Rs 80 crore in Bhopal, is meant to provide in-service training to judicial officers.

Justice Kirpal, who is the ex officio chairman of the Academy, presided over the inaugural which was also attended by Madhya Pradesh chief minister Digvijay Singh.

Significantly, though a press release issued three days ago by the Government said that Krishnamurthy would attend it, he was conspicuous by his absence at the Bhopal function.

This despite the fact that the Law Ministry funded the project and secretaries of the Department of Justice and Department of Legal Affairs are ex-officio governing council members of the Academy. Krishnamurthi, when asked by The Indian Express, said: ‘‘I could not go to Bhopal yesterday because I had to attend an important Cabinet meeting.’’