Chelameswar gets backing of law panel chief!Top Stories

October 15, 2016 10:40
Chelameswar gets backing of law panel chief!

The law commission chairman Justice B S Chauhan supported the charge by Justice J Chelameswar that the procedure followed by the CJI-headed collegium for selecting candidates for appointment as judges of the Supreme Court and high courts "lacked transparency".

The fourth-most senior judge in the SC and a member of the collegium, Justice Chelameswar, has refused to take part in the proceedings for selection of judges objecting to the opaqueness of the process and the non-recording of members' views regarding those in the zone of consideration.

The Times of India reported, asked about transparency, Justice Chauhan said that, "There must be transparency in the method and procedure for selection of judges to the SC and HCs. Reasons for rejection of a candidate by the collegium must be specified in the files."

Although, he added a caveat to his support for recording reasons for rejection of a candidate by the collegium."If the opinions being recorded on file by members are not objective and are laced with personal bias, then there would be a bigger problem," he said.

"The collegium itself is a complex affair. If the mem bers are not objective in their views, then the most appro priate person loses a chance to get appointed as judge to the constitutional courts," Justice Chauhan added.

"In bigger high courts, the chief justice recommends names on the basis of the majority view among judges. But for UM FOR smaller HCs, recording of views of judges while recommending a name should be done."

"Having said that, there are three judges in the SC who have been district judges. So, it would not be entirely true that judicial officers do not get a chance to get elevated to the highest court. But there is systemic bias against judicial officers being appointed as judges of HCs and then to the SC," he said.

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Nandini

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