‘Integrity + competence + judicial temperament’

Prashant Bhushan, a public interest lawyer in the Supreme Court, in the latest issue of the Economic & Political Weekly (EPW):

“The Justice P.D. Dinakaran episode underlines the need to put in place a credible institution for the selection and appointment of judges to the Supreme Court. Earlier, when the power of appointment was with the government, judges were often being selected on partisan political considerations. After the judiciary took it over, by creatively reinterpreting the words, “appointed by the President in consultation with the Chief Justice of India”, to mean, “appointed by the collegium of judges in consultation with the President”, judges are being appointed sometimes on nepotistic considerations.

“One of the main reasons for the selections being arbitrary is the lack of any system. There is no criteria laid down for selecting judges. Though it is generally understood that we are looking for integrity and competence in a judge, it is not clear whether we are also looking for judicial temperament. And should we also not be looking for “an understanding and sensitivity to the problems of the common people in the country”?”

Read the full article: The Dinakaran imbroglio

Also read: The strange case of Justice P.D. Dinakaran

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