Former SC judge RF Nariman

Nariman said the inefficiency of the system came to light when the government was deliberating the appointments of some judges. He also added that the system had failed by not elevating Justice Akil Kureshi to the Supreme Court.

“The system does not deliver the best. That is why the system has not brought in people like Judge Kureshi. Apparently, if you’re too good and independent, you’re out of the system” said Nariman.

Charting the history of appointment of judges in the US, Britain and India, Justice Nariman said the system was working perfectly until it suffered the first blow in the aftermath of the Kesavananda Bharati verdict. He added that the independence of the judiciary suffered a second blow when then Prime Minister Indira Gandhi declared a state of emergency.

Nariman added that the third blow to the independence of the judiciary came when sixteen judges, who were as courageous as Justice Kureshi, were transferred in one fell swoop. Nariman pointed out that when the transfer was challenged, the Supreme Court in a majority decision upheld the government’s powers.

Nariman was speaking at an event organized by the juniors of former Advocate General of Tamil Nadu, late Mr. S. Govind Swaninadhan, to present the SGS Award for Ethics in the Legal Profession to the former Chief Justice of Rajasthan and Tripura High Court , Judge Akil Kureshi.

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