Supremacy of CJI, Judiciary must be maintained: Bhardwaj

New Delhi, Nov 26 (UNI) Union Law and Justice Minister Hansraj Bhardwaj today said the supremacy of the Chief Justice of India and the judiciary must be maintained in the matter of judicial appointments to preserve the autonomous character of the institution of judiciary as well as its independence.

Addressing the Law Day function organised by the Supreme Court Bar Association on the Supreme Court lawns this afternoon, Mr Bhardwaj reiterated the stand of the UPA government of setting up of National Judicial Council instead of National Judicial Commission.

The Judicial Council will consist of the representatives of the judiciary while selecting candidates for judicial posts.

He rejected a recommendation that the National Judicial Council will be headed by the Vice-President of India and the Leader of Opposition in the Lok Sabha should also be included as a member of National Judicial Council.

He said laymen cannot decide on the appointment of judges and that he has already consulted two former Chief Justices as well as the present Chief Justice of India and he will also be consulting the next would be Chief Justice K G Balakrishnan who will take over from the present Chief Justice Y K Sabharwal on January 14 next year when the present Chief Justice retires.

The aim of setting up of National Judicial Council is to fix the accountability of the judges of the High Court as well as the Supreme Court.

It may be noted here that former Chief Justice R C Lahoti was totally opposed to the idea of setting up of National Judicial Commission. The UPA government has taken into confidence the present Chief Justice and his suggestions have already been incorporated in the new National Judicial Council.

Mr Bhardwaj also said that in-house mechanism which is already in place to check indiscipline and corruption among the judges of superior courts has been doing well.

The in-house committee is headed by the Chief Justice and three four senior most judges are the members of the collegium to fix the accountability and also to investigate and inquire into the complaint against sitting judges of the High Court as well as the Supreme Court.

Concurrence of the Chief Justice of India is a must for selecting and appointing judges of High Court as well as the Supreme Court.

Mr Bhardwaj did not agree with the views expressed by the Supreme Court Bar Association President M N Krishnamani who pleaded for supremacy of the executive in the matter of appointment of judges of superior courts.

The appointment of judges of subordinate courts is controlled by the High Court concerned and the Supreme Court has no administrative control over the High Court.

UNI AKS/SC SSC RP RAI2021