"The system of judges alone appointing judges must now change. India needs a National Judicial Commission to appoint judges," Leader of the Opposition Arun Jaitley said, resuming the debate in the Rajya Sabha on impeachment motions against Calcutta High Court Judge Justice Soumitra Sen.
Leader of the Opposition in the Rajya Sabha Arun Jaitley stressed on the need for a National Judicial Commission - PTI file photo
Expressing concern over questions being raised on conduct of some judges, BJP on Thursday suggested revisiting the process of their appointment and favoured a National Judicial Commission to ensure selection of those with strong integrity.
He said the commission's members can be drawn from the judiciary and executive, besides prominent citizens. At present judges are appointed by a collegium of judges.
Expressing anguish over the 'increased trend' of the executive giving jobs to judges post-retirement, he said, "There is a possibility of retirement-eve judgements getting influenced in search of post-retirement jobs...this is a serious threat to judicial independence."
The Constitution provides for separation of power of the executive, legislature and judiciary, he said.
"While there is no crossing of 'Lakshman rekha' by the executive and legislature, there is serious sidestepping from judiciary," Jaitley, himself an eminent lawyer and former Law Minister, said.
Recently there were cases where courts gave comments on how to tackle Maoism, fight insurgency and what should be the land acquisition policy.
They also commented on release of a Pakistani prisoner.
The courts cannot decide on these issues as they are supposed to be dealt by the government, which alone would decide whether to exchange an Indian prisoner for the Pakistani prisoner with us, he said.
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