BJD parliamentarians question Supreme Court decision on NJAC

BHUBANESHWAR: Biju Janata Dal MPs have expressed their disappointment with the Supreme Court decision to strike down the legislation to establish the National Judicial Commission ( NJAC) for appointment of judges.

“When politicians are at the receiving end of all kinds of criticism, the judiciary should at least consider an improved version of the NJAC if it wants, that would bring in transparency to the appointment of judges,” said Tathagata Satpathy, BJD’s MP representing Dhenkanal constituency.

Warning against the unpleasant standoff between the legislature and judiciary, Satpathy said that by daring Parliament, the Supreme Court is compelling the legislators to react strongly. “And reaction of any kind in a democracy by the topmost pillars can only prove negative for the country,” he said in a Reddit post.

Satpathy said the existing system is “disturbingly secretive” and has failed to fill vacancies in judiciary positions as cases pile up on the millions already pending. Whether “judges should be allowed to choose their own brother judges” and must be out of bounds for any constructive criticism or suggestions, he asked.

Fellow parliamentarian Baijayant Panda reiterated his stand that the prevalent system was “obsolete”. “India is the only country in the world where the higher judiciary is self-appointed, that is, existing judges appoint new ones,” he had said in an article.

Naveen Patnaik’s BJD had defended the NJUC in Parliament, arguing that the Constitution does not provide for such a collegium, and judges used to be appointed by the executive branch, that is the government, until 1993. Its MPs argued that it was fair for the legislature to want accountability of the judiciary.