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The Central Government's clearance of the five recommendations made by the Supreme Court collegium for appointment as Judges of the apex court must put to rest apprehensions about an escalating conflict between the Executive and Judiciary on the issue of judicial appointments, said a statement by Ashwani Kumar, Senior Advocate and former Union Minister for Law and Justice.
The government's response in the face of an emerging standoff between the two pillars of the Indian State demonstrates that when put to test, those charged with the working of the Constitution can rise to the occasion, added the statement. The decision will help to foster judicial comity between democratic institutions to subserve constitutional goals collectively. Hopefully, the highly debilitating public spat between high constitutional functionaries on the subject will end. Outstanding issues that impact the relationship between the executive and judicial branches need to be constructively addressed through dialogue and discussion between those concerned, rather than through a jarring public debate. While the collegium system of appointments is today the judicially ordained law of the land and ought not to be tempered with, there can be no impediment to revisiting the mechanism in the light of experience and considering that it rests on the debatable premise that independence of the judiciary as part of the Constitution's basic structure is best secured only when the Judges appoint judges. A progressively evolving constitutional jurisprudence must permit a reconsideration of the present system of judicial appointments. In this process, the Government and the Judicial branch need not be seen as adversaries since the Supreme Court has affirmed on several occasions that the three branches of the Indian State are expected to work together to advance judicial goals. (ANI)
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