Date: 19th November 2010.
To,
Hon'ble The Chief Justice of India and other Hon'ble Judges of Supreme Court
New Delhi.
India.
Your Lordship,
I am writing this in the background where the Supreme Court in SLP(C)No.32855/2009 & SLP(C)No.32856/2009 says that it is a bad idea to inform people of this Nation as how appointment and transfer of Supreme Court Judges takes place, saying that it would adversely impact the independence of the judiciary. http://www.zeenews.com/news668926.html
I have FOUR uncomplicated arguments to justify complete disclosure of the process of Appointments of Judges at Supreme Court of India.
Argument first-
No Indian will dispute, we the contemporary people of India breathe fresh air of freedom because of the countless bloodshed sacrifices of then brilliant people of India. Their sacrifices were selfless.
By the reason of independence came in our vast, beautiful, geographical landscape, the Constitution of INDIA (Governing Volume) came into existence on 26th January 1950, which is the supreme & fundamental governing volume.
This epic governing volume makes a categorical announcement in the introductory passage that people of INDIA are the architect of this governing volume. The announcement assumes significance because by this announcement, the framers of our constitution propose to acknowledge and give tribute to selfless sacrifice of every men & women who devoted their life for the independence of INDIA.
Every letter & word of this governing volume represents the wishes and ambitions of the then people of India; and our law makers, the government, the judges and the bureaucracy owe their origin and discharge their all responsibilities while taking inspiration from this peoples' governing volume.
The Constitutional courts, while dealing with any constitutional or fundamental issue before it for adjudication, while looking at the relevant words of the constitution, also looks behind the words of the constitution, i.e. what is the history behind those words.
The court looks into historical national event relevant to the issue at hand. Like for example- Without turning the pages of history, it can very well be said that during colonial times of British, the people of India were not having any say nor they were knowing how appointment of judges were made. Those were the judges who have conducted farce trial of Balgangadhar Tilak and sentenced him for sedition and ordered the hanging of our Bhagat Singh.
Therefore, while constitutional courts ventured to decide on issue of appointment of judges, should consider answering this question- Should it be presumed that the then people of India has decided that colonial opaque practice of appointment of judges be continued ? Should it be presumed that people have decided that they will have no right to know how judges will be appointed?
Like a man write his WILL and wish that after his death his properties shall be given to these people, it appears to me that every insertion of word in the Constitution of India exhibits the Solemn WILL of our freedom fighters, wherein we the people of INDIA are made the beneficiary. Nevertheless, the bounden duty remains on our High Courts & Supreme Court to secure that WILL of the testators (read freedom fighters) being of transparency in the administration of the nation is followed.
Argument second-
This Nation has been an elective democracy where people "elect" their representatives, who in turn make laws for them. When people of India have power to elect who should make laws for them, it is quite prudent and reasonable to say, and no man should dispute, people too have power to know, how men (read judges) are "selected" at Higher Court in the country, who are nearly given "legislative powers" under the Constitution of India, for they are court of Record, and near absolute legislative powers under Article 141 of constitution of India are conferred upon Supreme Court of India.
And therefore it comes to my mind, that, judges of higher courts, every word they utter in the court, at times, shapes human lives for generations; and sometime allow women and men to sense deep breath of safety. And if we merely look at Article 21 of constitution, and see their utterance and we will only amaze the kind of concern the judges have displayed and the service this Judicial institution has done to Indian mankind. The mercies are numerous. The reverse of this is - A single corrupt at these high constitutional office is far more dangerous to a civil society than dreaded dawood ibrahim, Taliban and all militants put together.
Therefore, the people of India are the most interested party to know and check appointments at these constitutional offices, the High Courts and the Supreme court.
Argument third -
Whereas the Supreme Court argues that there is danger to judicial independence if the process of appointment of judges is made public, I will say that in fact it is my argument that the People of India has a right to know the process of Appointments of Supreme Court Judges to secure the independence of Judiciary.
Whereas it is argued that independence of Judiciary as envisaged in our Constitution will be immediate casualty, can the Supreme Court satisfy to the People of India, on THREE counts-
(1) That there is ZERO INFLUENCE of influential Government in the selection of Judges, i.e. there has been not a single case been brought or alleged as selection of Judges at Apex Court is influenced by the Government; In fact, the fascination of People of India to know the selection process of Judges at Apex Court, is to ensure the independence of Judiciary as envisaged in our Constitution.
(2) That no practice of Nepotism is followed in selection of Judges, i.e. there has been not a single case been brought or alleged as selection of Judges at Apex Court is influenced by the Nepotism;
(3) That there is no dissent ever heard of from any of the Judge of High Court alleging arbitrariness and non transparency in the selection process.
Argument fourth -
As I see, one of the most convincing argument for full disclosure of information about Judges appointments is -
"In the scheme of administration of Justice, the display of profound transparency is unique characteristics hallmark of Judges as they discharge their solemn duties in open public court and NO independence of this worshipped institution is seen endangered if also profound transparency is solemnized by Judges in their administrative exercise of selection of Judges".
I see the present judgment being given like in the times of British India. However, we are a Sovereign Nation since 15th August 1947.
In view of the importance of the issue, I have taken the liberty of circulating this letter to Media & other stakeholders of our democracy.
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iN APPRECIATION,
Sandeep Jalan
Advocate
Legal issues !!
If you are facing any of these issues like (a) Recovery of Moneys (b) Immovable property disputes (c) grievances against Municipalities & Govts., including challenge to legitimacy of laws etc. (d) grievances against illegalities and highhandedness of Police like illegal arrests, refusal to register FIR, deliberately flawed investigations, etc (e) False FIRs (f) False Claims (g) False evidences (h) Grievances against Judges (i) Illegal or perverse Orders of the Courts / Tribunals, among others.
or
If you are looking for draft of any legal proceeding; or if you want to know the nature and attribute of any legal proceeding; or if you want to know the procedure followed in any legal proceeding; or if you want to know the grounds on which any order of the court / tribunal is challenged; or if you are facing any frivolous litigation.
Law
Referencer: https://www.litigationplatform.com/
Thank you.
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