HC dismisses plea for new appointment system for judges

The High Court of Karnataka on Tuesday dismissed a petition seeking a direction to make appointments of judges of all the High Courts and the Supreme Court by issuing a public notification inviting recommendations/ references from Bar Associations, sitting and retired judges, advocates, political parties, and other stakeholders. Justice B.V. Nagarathna dismissed the petition, filed by two advocates — Aravinda Kamath Puttur and V.L. Jagadish. The court found that the petition lacked merit as the procedure to be followed to make appointment to the posts of judges of the higher judiciary is governed by the provisions of the Constitution of India, the verdicts of the Supreme Court, including the judgement on National Commission for Judicial Appointments, and the conventions. The petitioners claimed that the process of inviting recommendations / references would give equal opportunity to the eligible advocates who hail from a cross section of the society to get a chance to be appointed to the posts of judges of the high judiciary. The petitioners alleged that the present collegium system of appointment “is contrary to the letter and spirit of the Constitution” and claimed that the existing system “favoured the kith and kin, nephews and juniors of sitting and former Judges of the Supreme Court and High Courts, celebrated lawyers, Chief Ministers, Governors, and a few first-generation lawyers who are all politically connected or are close to big industrial houses.” Source: The Hindu