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  • Category: Miscellaneous

    Should the new judges be appointed through entrance exam or just selections ?

    President Ramnath Kovind has made an interesting suggestion that hence forth the selection of judges by judges be avoided and instead a new way of having a all India entrance exam for judge post so that the right person can be chosen on merits to be posted as new judge and also the judgement would be forthcoming in right order. Either too the judges were selected by the judges and there seems to be unhappiness among few for not considering their names for the post. Should the new judges be appointed through entrance exam or just selections ? What is your opinion ?
  • #747163
    The President of India has raked up an unnecessary point that may be debated again in the country. I think this is an unnecessary topic at this time. The government wanted to have a say in the appointment of judges to the Supreme Court and High Courts. It brought legislation and the National Judicial Appointments Commission (NJAC) was established by amending the Constitution in August 2014. The NJAC was to replace the Collegium System of appointment of Judges. The NJAC was to consist of the Chief Justice of India, two other senior judges of the Supreme Court next to the Chief Justice of India, the Union Minister of Law and Justice, two eminent persons. These two eminent persons would have been nominated by a committee consisting of the Chief Justice of India, Prime Minister of India, and the leader of Opposition in the Lok Sabha. In case there is no such Leader of Opposition, then, the Leader of the single largest Opposition Party in Lok Sabha. Of the two eminent persons, one person should be from the Scheduled Castes or Scheduled Tribes or OBC or minority communities or a woman. The eminent persons shall be nominated for a period of three years and shall not be eligible for re-nomination.

    The Constitution Bench of Supreme Court on 16 October 2015 upheld the collegium system and struck down the NJAC as unconstitutional by 4:1 majority. Thus the efforts of the government to get a foothold in the appointment of judges were thwarted. Courts of law are the last resort of hope for justice to the public in our country. The government is the main litigant in the majority of cases. In such a situation, the government should not have a hand in the selection of judges. We see how some of the main institutions are working to the whims of the government.
    In recent times, the judges are making certain comments on the government and the officials while delivering the judgments. These comments are good as long as they remain within permissible limits. These comments help the common man to understand many things about the functioning of the government and the officials. The Chief Justice of India asked the judges to see that their comments are within limits.

    " Be Good and Do Good "

  • #747176
    Any post for any position whether it is judges or any other such post, nominated by the Govt, will not be able to do the justice to the common people. They will always be having a bias towards the nominating body. Judiciary is an independent organisation and should not report to any political party or political group officially or unofficially. It would always be better if they are selected from a direct entrance exam rather than nomination.
    Nominations are always biased by the individual judgement and appointment of people on such high levels just by nomination does not seem to be a logical approach. I would prefer these nominations to be based on the entrance exam and the merit.

    Knowledge is power.

  • #747193
    Judge post is a post that has to deliver justice to the common man also. They should not have any bias towards any one party or they should never be one-sided. So the senior judges who are supposed to recommend the names of the person for new judge posts should think about the past history of those judges and they suggest the names to the President or CJI. If these senior persons have to appear for a written test, they may or may not. That way we may be missing good persons to become judges.
    Generally, written tests will be there for the selection of junior positions but for senior positions, it is by interview or by past record and performance. So asking them to appear for a written test may not be correct. I feel the present system is ok and can be continued. somehow, based on the performance in a written test appointing a judge is not appearing reasonable for me.

    always confident

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