How to choose

Reports indicate that the Supreme Court collegium may be reconsidering its earlier decision to appoint Karnataka High Court Chief Justice P.D. Dinakaran to the Supreme Court. The reason for this,it seems,is a report by the collector of the district where Justice Dinakarans landholding is being questioned.  Of course,such a report is hardly conclusive proof of guilt. Justice Dinakaran must be given every chance to defend himself as the collegium seems to have asked of him.

But what about the original decision of the collegium? Should not have the collegium done a thorough background check before appointing Justice Dinakaran? It can of course be argued that these allegations were made only after his appointment. But should the Supreme Court have to rely on outside allegations before conducting its own inquiry? Justice Dinakarans own innocence or guilt apart,this episode shows that our judge selection process needs to be addressed.  The worlds most powerful court self-selects,brooking neither executive inputs nor legislative veto. This puts a tremendous burden on our apex court the burden to use its unfettered discretion wisely in every single instance. That the Supreme Court has still managed to keep the confidence of the public speaks volumes for its institutional probity despite such encompassing powers.

But it is a reputation that is increasingly under siege by allegations of corruption,the furore over declaration of judicial assets,and now,the controversy over Justice Dinakarans appointment. That the court is reassessing its own decision is reason enough to revisit the current procedure over judicial appointments. The two yardsticks for reform that are being suggested are increased public scrutiny of the decisions a transparent process and cross-institutional concurrence which,in the Indian context,means the Centre have some sort of say,but in a manner that does not impede the judiciarys autonomy. It is within this framework that the larger dilemmas thrown up by Justice Dinakarans appointment must be resolved.