PUCL warns against National Judicial Commission

Allahabad, Aug 7 (UNI) Any move of the UPA government to bring the judiciary ''under the thumb'' of the executive must be strongly resisted, People's Union for Civil Liberties (PUCL) said here today.

In a statement, PUCL criticised Union Law Minister H R Bhardwaj's statement in Parliament last week that the centre was ready for a debate to evolve a consensus among all parties on a constitutional amendment to create a National Judicial Commission (NJC) making the executive a part of the process of appointment of High Court and Supreme Court judges.

''The 1993 apex court ruling had eliminated the role of executive in the matter of appointment of judges, and restored the judiciary's earlier supremacy in this respect. This, however, has since then not gone down the throat of those in politics, because an independent judiciary has, by its impartial, objective and bold verdicts, often been causing pain in the neck of parties in power at centre, who attempted to misuse and thwart the constitution to serve their narrow political ends.'' PUCL said that the parties, which came to power have been covertly and overtly trying to undo the 1993 ruling to bring back the executive at the centre of the entire process for appointment of judges by creating the NJC through a constitutional amendment.

''Former union law minister Arun Jaitly had introduced a constitution amendment bill for the NJC. Now, the current incumbent seems to be pursuing the same 'dubious' objective towrds creation of the Commission through a constitution amendment.'' According to the release, the independence of judiciary, as held by the apex court, is a ''basic feature'' of the constitution. The state's two other organs -- legislature and executive -- have already been wrecked by corruption and criminalisation. Judiciary still commands people's faith for its independence, objectivity and credibility in dispensation of justice.

''NJC will only lead to the politicisation of judiciary and clip the wings of the Indian judiciary, depriving it of independence. If judiciary is placed under the thumb of the executive, not only will its independence go, but also India itself may not survive as an independent nation.'' UNI JL VS KN SY ND1658