Need for independent commission for judges' appointment: Prashant Bhushan

NEW DELHI: Senior Supreme Court lawyer Prashant Bhushan today welcomed the apex court verdict declaring NJAC "unconstitutional" and called for establishment of an "independent" commission to regulate judges' appointment.

In a petition filed by the 'Centre for Public Interest Litigation', Bhushan had sought the scrapping of the collegium system and appointment of a full-time judicial appointments commission, "independent of the government as well as the judiciary".

Bhushan, who is leading the outfit Swaraj Abhiyan after being expelled from Aam Aadmi Party, said the apex court judgement came at a time when the NDA government is seeking to "control" various institutions and "attacking" the country's diversity, dissent and freedom of speech.

"However, it must be remembered that the independence of the judiciary neither means independence from accountability nor does it mean that judges must appoint judges," Bhushan said in a statement.

Among the "many reforms" needed in the judiciary, are full-time and independent institutions for selecting judges as well as receiving complaints and taking action against judges, he said.

Bhushan claimed that the collegium system had its own problems as appointments through this system were "also made in a totally non-transparent and often nepotistic manner".

"In this Commission (NJAC) any two persons could veto any appointment. Also the secretariat of this Commission would be with the law ministry. However, there was no provision of transparency or any rational basis of selection," he said in a statement.

Demanding appointment of a full-time judicial appointments commission, "independent of the government as well as the judiciary", he said it should work "in a transparent and scientific manner by laying down the criterion for selection, advertising the vacancies and evaluating the applicants/nominees on a discernable basis on the criteria laid down."