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New Delhi, Nov. 26: Law minister H.R. Bhardwaj has thrown his weight behind the in-house court mechanism that now selects candidates, days after the law commission recommended restoring the governments say in the appointment of judges.
It is only their peers (judges) who should decide on the issue (of appointments and regulating conduct) otherwise it will be the end of the judiciary, Bhardwaj said at the national law day celebrations at the Supreme Court here.
To ensure the judiciarys independence, the apex court through a 1993 judgment replaced the system of consultation — the chief justice had to consult the executive on judges appointment — with the process of concurrence under which the government has to agree with the recommendations of the chief justice.
There has been talk of setting up a National Judicial Commission to handle judicial appointments and take disciplinary action against deviant judges, but Bhardwaj suggested the government has shelved the plans for now. I have serious reservations on the National Judicial Commission. It is for the collegium to decide. I will not deviate from the mandate of the (court) judgements. There should be no controversy on it, he said.
A judge facing charges of misconduct can now only be impeached, an arduous process that involves passing an impeachment motion in Parliament.
But Bhardwajs deputy, K. Venkatapathy, spoke up against the existing process of appointment of judges saying it lacked transparency and accountability. He also called for evolving a strong and effective mechanism to deal with errant judges.
Chief Justice K.G. Balakrishnan said he was bound by the existing system of appointments but added he was taking all steps possible to deal with judicial corruption, including getting judges to reveal their assets annually.
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