PIL TO ESTABLISH CENTRAL SELECTION MECHANISM (CSM) FOR APPOINTMENT OF JUDGES IN SUBORDINATE JUDICIARY FILED IN APEX COURT [Read Petition]
By: _ Syed Ali Taher Abedi
A PIL Seeking establishment of Central Selection Mechanism (CSM) for appointment of Judges in Subordinate Judiciary &declaration that Judiciary is a specialized field hence Judges shall be appointed on merit.
CSM isn’t only necessary to secure fair trial and speedy justice but also vital to enhance transparency.
The petitioner contends that at present, there is no effective mechanism to address complaints of misconduct and malpractice on part of the Judges.
The Apex Court Constitution Bench directed Union to frame new Memorandum of Procedure for appointment of Judges considering the suggestions in this regard and specifically observed four key areas namely: (i) Transparency, (ii) Collegium Secretariat, (iii) Eligibility Criteria and (iv) Complaints.
However, appointments are being done without the compliance of the directives of this Hon’ble Court in NJAC Case.
What is paramount importance is a Central Selection Mechanism for appointment of Judges in subordinate judiciary, in the most transparent and fairest possible way, in spirit of Articles 14-16.
It is further contended that petitioner is filing the petition under Article 32 to establish a Central Selection Mechanism (CSM) for Subordinate Judiciary and also seeking a declaration that Judiciary is a specialized field hence Judges shall be appointed on merit only.
There is an unease and disquiet about competence and commitment to public service of several judges, particularly in subordinate judiciary
If these challenges are not recognized and reforms are not initiated with a great sense of urgency and devotion, judiciary may also fall in public esteem endangering the whole civil society and adversely affecting public good.
Articles 21 and 39A of the Constitution of India recognizes the right of fair and speedy trial and free legal aid thus it is duty of the State to provide such judicial infrastructure and means of access to justice system so that every person is able to receive speedy, economical and fair trial.
Plea of financial limitations can hardly be justified as a valid excuse to avoid performance of constitutional duty of the State, more particularly, when such rights are accepted as fundamental to the governance of country.
It’s high time to establish CSM in spirit of Article 312 and direction of the Apex Court in All India Judges Case (AIR 1992 SC 165).
The Court said: “We are of the view that the Law Commission’s recommendation should not have been dropped lightly.
There is considerable force and merit in the view expressed by the Law Commission. An All India Judicial Service essentially for manning the higher services in the subordinate judiciary is very much necessary.
The reasons advanced by the Law Commission for recommending the setting up of an All India Judicial Service appeal to us.
Since the setting up of such a service might require amendment of the relevant Articles of the Constitution and Service Rules operating in different States, we do not intend to give any particular direction on this score, particularly, when the point was not seriously pressed, but we would commend to Union of India to undertake appropriate exercise quickly so that the feasibility of implementation of the recommendations of the Law Commission may be examined expeditiously and implemented as early as possible.
It is in the interest of the health of the judiciary throughout the country that this should be done.”
The petition has been drawn by AOR Ashwini Kumar Upadhyay and is likely to be taken up on Monday
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