Hindustan Times ST (Mumbai)

Judiciary must have complete freedom in appointing judges: CJI

- Satya Prakash

NEW DELHI: Maintainin­g that an independen­t judiciary was a preconditi­on for a successful democracy, Chief Justice of India TS Thakur said on Thursday it was facing both external and internal challenges that needed to be dealt with.

Delivering the 37th Bhimsen Sachar Memorial Lecture on Independen­t Judiciary: Bastian of Democracy, CJI Thakur said, “You can’t talk of democracy, if you don’t have an independen­t judiciary.”

Justice Thakur said the process of appointmen­t of judges cannot be “hijacked” and the judiciary cannot depend on executive in choosing judges. “You cannot say the executive will choose its judges. Judiciary must have complete freedom in assigning as to who would be the judges who will decide a case,” he added.

Justice Thakur, who has been critical of the government for delaying appointmen­t of judges in various high courts, defended the Supreme Court’s verdict declaring the National Judicia Appointmen­ts Commission (NJAC) unconstitu­tional.

There were two views on the NJAC, but the Supreme Court was the last word on interpre tation of law and it thought the presence of law minister and two government nominees in the appointmen­t panel would be a threat to independen­ce of judiciary, said the CJI who is due to retire on January 3, 2017.

Dwelling on internal threats to judicial independen­ce, Justice Thakur quoted noted jurist Fal Nariman to say “citadel crum bles from within.”

Barely five days ago, had the CJI lashed out at the Centre over the large number of vacancies in high courts and lack of infra structure for the judiciary, draw ing an instant rebuttal from law minister Ravi Shankar Prasad on the prickly issue. Attorney general Mukul Rohatgi had com mented, “Everyone, including judiciary, must recognise there is lakshman rekha and be ready for introspect­ion”.

 ?? AH ZAIDI/ SHANKAR MOURYA HT PHOTOS ??
AH ZAIDI/ SHANKAR MOURYA HT PHOTOS

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