Former SC judge Rohinton Nariman calls for a standing committee to appoint judges

A standing committee comprising the Chief Justice of India and four retired judges could be constituted for five years to appoint judges and ensure independence of the judiciary, Rohinton Fali Nariman, former judge of the Supreme Court of India, said here on Sunday.

At an award ceremony organized by juniors of former Advocate General of Tamil Nadu S. Govind Swaminadhan, Mr. Nariman presented the ‘SGS Award for Ethics in the Legal Profession’ to Justice Akil Kureshi, former Chief Justice of the High Courts of Tripura and Rajasthan. .

Speaking at the event on the topic Importance of Judiciary Independence and what needs to be done, Mr. Nariman explained the functioning of the Judiciary in the US and UK and summarized the evolution of the Judiciary in India independence together, through various cases, in particular relating to the appointment of judges to the Supreme Court.

“The independence of the judiciary evolved and was declared the basic structure of the constitution. Each article will be considered in light of this principle. When it is mandatory for the government to consult the Chief Justice, there is no mere consultation. It’s agreement. This judgment has completely turned the table and judicial appointments are now entirely in the hands of judges,” he said.

He proposed a system for appointing judges: “A standing committee could be constituted, comprising the Chief Justice of India and four retired judges, for five years. The selection of retired judges for the Commission could be done by the 33 judges of the Supreme Court, excluding the Chief Justice, based on the suggestions of selected practicing lawyers of the Supreme Court and the Bar Associations of the Supreme Court….”

Mr Kureshi said the independence of the judiciary must be ensured at institutional and personal levels. According to him, judges must have courage, an impeccable image and a complete lack of personal ambition on a personal level.

At the institutional level, he spoke about various features of the collegium and roster system. “Judicial independence is not just about independence from executive interference.

Every action, honor and judgment that a judge pronounces, which deviates from his legal view, undermines judicial independence. We cannot have an independent judiciary without an active, vocal and independent bar.”

PS Raman, Advocate General of Tamil Nadu, and senior advocate Sriram Panchu discussed various aspects of the judiciary. Including sitting and retired judges, lawyers and students participated in the event.