Collegium Is a Victim of Its Own Birth Pangs, Says Judge

EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE DELHI THE HINDU 12 NEWS THURSDAY, NOVEMBER 14, 2019 EEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEEE FROM PAGE ONE Collegium is a victim of its Congress welcomes court Supreme Court upholds decision on money Bills disqualification of MLAs own birth pangs, says judge ‘Major victory in fight against misuse’ Special Correspondent Justice Ramana said the (an assertion). Justice Chandrachud says citizens lack info about how judges are appointed New Delhi Speaker’s enquiry on a re On the MLAs’ contention The Congress on Wednes signation should be con that the Speaker did not give Krishnadas Rajagopal Collegium system postulates day welcomed the Supreme fined to whether it was a vo them reasonable time to de NEW DELHI that proposals for appoint Court’s decision to refer the luntary and genuine act. fend themselves before dis Supreme Court judge, Jus ment of judges are initiated case on the Centre’s deci The Speaker had the discre qualifying them, Justice Ra tice D.Y. Chandrachud, on by the judges themselves,” sion to club nearly 20 Bills tion to reject a resignation mana said that would Wednesday said the Collegi Justice Chandrachud said. under the Finance Act as a but his decision should be depend on the “unique facts um for appointment of judg He said the various stan “money Bill”, to a larger based on “objective mate and circumstances” of each es was a “victim of its own dards followed by the Colle Constitution Bench. rial” and not just ipse dixit case. birth pangs”. gium for judicial appoint The party termed the de The Collegium system ments which should be put cision a significant victory in does indeed suggests the no in the public domain includ its fight against the misuse Jairam Ramesh tion that judges are appoint ed the performance of the of the money Bill route ta Office of Chief Justice of ing judges, Justice Chandra candidate as a lawyer and ken by the government in Tribunal. The case of the chud said in what may be a Justice D.Y. Chandrachud observed that appointments should domain specialisation to in the past. Aadhaar Act could also be strident call for change from reflect the promotion of the judiciary as an inclusive institution. come requirements and “I wholeheartedly wel revisited. India comes under RTI Act within the highest judiciary. commitment to the legal come the decision of the Only the Lok Sabha has The observations came in tion about how their judges public realm to “promote field to social orientation. Constitution Bench of the voting rights on a money Justice N.V. Ramana, in his Hence, on this aspect, the Supreme Court judge’s were appointed. He said confidence in the appoint Justice Chandrachud ob Supreme Court of India in Bill. While the Rajya Sabha opinion, struck a more cau Justice Khanna held that separate but concurrent opi there was a vital element of ments’ process”. served that judicial appoint my case. I am deeply grate can debate it, it is not man tionary note, saying judicial personal information of nion that the Office of the public interest in knowing “Knowledge is a powerful ments should reflect the pro ful to the Supreme Court for datory that the Upper House independence was the basis judges should only be di Chief Justice of India came about the norms which were instrument which secures motion of the judiciary as an this decision,” Rajya Sabha passes the Bill. of the trust public reposes in vulged under RTI if such dis within the ambit of the RTI taken into consideration for consistency in application inclusive institution, with di member and petitioner in Mr. Ramesh has called for the judiciary. Only the right closure served the larger pu Act. making judicial appoint and generates the confi versity in terms of gender, the case Jairam Ramesh a detailed debate on money dose of transparency should blic interest. Justice Chandrachud, who ments. He said it was time dence that is essential to the representation to minorities said. Bill. be calibrated with judicial Justice Ramana even list was part of a Constitution the “substantive standards” sanctity of the process of and the marginalised, orien He said it was essential independence. ed certain “nonexhaustive Bench, said it was true citi for choosing judges were for judicial appointments. This tation and other relevant fac Speaker’s call that the decision on catego factors” for the PIO to con zens were bereft of informa mulated and placed in the is essentially because the tors. The Bench will take a call on rising any legislation as a ‘Not an absolute right’ sider while deciding wheth whether the decision of the money Bill should have so The Bench, however, er the information sought Speaker, who has to certify a lid grounds and not be taken agreed, in one voice, that was private. Bill as money Bill, was cor arbitrarily by the Speaker the right to know under RTI These factors include va rect. If the Supreme Court alone. was not absolute. The right rious criteria from the na Ruling on CJI’s office sets RTI example gives a thumbs down, the “It is a victory not for the to know of a citizen ought to ture of the information government will have to Congress. This is a very big be balanced with the right sought to its impact on the bring separate legislation victory especially for the Ra to privacy of individual private life of the judge. It will prove to be a milestone in the journey to transparency, says activist for all the 19 laws passed as jya Sabha and democracy judges. The Bench upheld the money Bills. and it is a defeat of the BJP,” “Right to information Delhi High Court judgment Special Correspondent appointments, as well as the exempted,” he asked. These Bills include dilu the former Union Minister should not be allowed to be of 2010 that the CJI does not NEW DELHI correspondence between a Anjali Bhardwaj, cocon tion of the National Green said. used as a tool of surveil hold information on the per Right to Information activists Madras High Court judge and venor of the National Cam lance,” Justice Ramana sonal assets of fellow judges on Wednesday welcomed the CJI regarding allegations paign for People’s Right to wrote. in a fiduciary capacity the Supreme Court verdict of corruption. Information (NCPRI) said declaring the office of the that the most significant as ‘No one is above law’ Chief Justice of India as a pu ‘Political parties’ pect of the judgment was the blic authority under the RTI Mr. Agrawal added that the court’s acknowledgment Press Trust of India Party (NCP), said judges are SC strikes down rules Act and said the apex court’s judgment had farreaching that “transparency and ac New Delhi no “holy cows”. decision would now serve as implications by setting an ex countability go hand in “No one is above the law, “Judges are no ‘holy a precedent to help usher in ample for other bodies hand, and that transparency particularly those perform cows’ They are also human on tribunal postings more transparency, especial which resist transparency. need not lead to any com ing public duties,” RTI acti beings from among us. They ly on the part of institutions The most wellknown hol promise in judicial indepen vist Commodore Lokesh Ba are vulnerable to shortcom The court said a sevenjudge ring the ‘money bill’ ques that had hitherto been reluc Chief Justice of India douts are political parties, dence.” tra (retd.) said on the ings. The verdict bringing Bench should also decide tion to a sevenjudge Bench tant to comply with the Act. Ranjan Gogoi but a number of schools, “The office of the CJI has Supreme Court verdict. judges within the ambit of the question whether the was the court’s dissatisfac “It’s a landmark judgment trusts and publicprivate put itself under scrutiny,” The verdict has opened RTI is a great step towards Lok Sabha Speaker acted in tion with the way the Aad which I welcome whole and brought the office of the partnerships have also resist Ms. Bhardwaj said. so many doors and even transparency and trust of the right by certifying it as haar judgment in the K. Put heartedly and which will CJI under the Act,” he added. ed categorisation as public “In practical terms, this lawmakers (members of people in justice system,” he money bill, thus allowing it tuswamy case had dealt prove to be a milestone in The entire case stems authorities under the Act, in means that citizens can file Parliament, Legislative As said in a tweet. Mr. Memon, to circumvent Rajya Sabha. with the issue of what could the journey to transparen from Mr. Agrawal’s original cluding Delhi’s power distri RTI applications to the SC, semblies) and others ought senior advocate and mem One of the petitioners in be certified as a money bill. cy,” said RTI activist Subhash RTI application seeking in bution companies and dairy and the CPIO of the court to be under the RTI Act, he ber of Parliamentary Stand

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