After karnan case
While SC raises questions about appointing EC, judicial appointments await reform. On Wednesday a Supreme Court bench asked if it should fix norms for appointing election commissioners, to ensure their independence in conducting free and fair polls. This was even as it acknowledged that all appointments of election commissioners have been outstanding so far and persons so appointed have been fair and neutral. Article 324 of the Constitution is clear that the President will appoint election commissioners subject to provisions enacted by Parliament. Article 324 does not conceive a role for the apex court in this matter. Achal Kumar Joti took charge as the new chief election commissioner of India yesterday and he has the big responsibility to move at proper pace to ensure that by 2019 all EVMs will have a voter verifiable paper audit trail. Instead of getting involved in EC appointments SC priority should be to attend to how more than one and a half years after striking down the National Judicial Appointments Commission Act while admitting the need to rectify the collegium system to appoint judges, a new mechanism still hasn't been scripted. With the fresh memorandum of procedure (MoP) still to be finalised, filling of judicial vacancies has become an unseemly tussle with the Centre. The need for better processes to appoint and remove judges has returned to the spotlight after judges struggled to discipline the just retired Justice CS Karnan. Much before this episode, a collegium member, Justice J Chelameswar, had criticised the collegium's functioning and lack of transparency. The Karnan case should really provide a spur for change. SC and government must not delay the finalisation of the MoP any further. India needs a system where only meritorious judicial candidates are appointed and errant judges are punished.
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