Indira Gandhi made Delhi's junior a judge of the High Court

- Gajgraha between judiciary and political authorities

- Inside Story-Virendra Kapoor

The tussle between the judiciary and the political authorities who have the power to appoint judges over the appointment of judges shows no signs of abating any time soon. Although during this controversy both sides are making face-to-face accusations, it can be said to be shameful, but neither of them can be blamed. A mutually acceptable settlement was also possible. Now the situation is that none of the parties are ready to bend over the appointment of High Court Judges or Supreme Court Judges.

Before 1993, when Supreme Court judges had power, they also tried discriminatory practices in appointments, just as political power has also made discriminatory and controversial appointments. The appointments made by the five-judge collegium also became controversial. No party has been found to be selfish and discriminating in the appointment of judges.

It is necessary to resolve this dispute at the earliest as the two pillars of the Constitution should have a harmonious relationship instead of which the two have come face to face. It is also important that the appointment of judges to the Supreme Court and the High Court should be done at the earliest because then it will become very difficult for the judiciary to dispose of the cases.

It has become a far-fetched thing to increase the number of judges from the Supreme Court to the bottom, i.e. at the district level, but the empty space needs to be filled immediately. The trend has been that the political power used to sit with the judiciary and get approval by choosing the name of the Supreme Court figure. In which the hand of political power was on top. Due to which the political power used to appoint the judges associated with them and the judiciary took over. Some appointments were also made on merit basis. Since the rise of political power, these people began to appoint judges of their choice.

During the late Indira Gandhi's government, she made a junior judge of New Delhi a judge of the High Court of Odisha. Because this judge had granted bail to him during the Janata Party government. Then Hansraj Bhardwaj, who was the Law Minister in the Congress government in the 80s-90s, had no shame in appointing his fellow judges as High Court judges. In short, the incumbent Lokeya abused his power and appointed judges without regard to merit.

Now the names of the five senior most judges of the Supreme Court to be appointed are being sent to the government. Govt checks the name through IB. Any objections are sent back to the Collegium. And if there are no vacancies then appointment becomes possible.

The proposed National Judicial Appointments Commission (NJAC) has been constituted under the Amendment. But the Supreme Court considers it an attack on the independence of the judiciary. Even the government does not like judges appointing other judges. The Supreme Court also did not agree that the Law Minister could also be a member of this proposed commission. The unfortunate thing in this case is that the judge is judging his own case. And wants to keep the power to himself. The Supreme Court calls for acquiescence in decision, not debate with political power. If the Supreme Court changes its opinion for the NJAC, it is believed that a settlement is possible.