CPI frowns at collegium system

Hyderabad: The Communist Party of India (CPI) central secretariat categorically stated that refusal of role of democracy in selection of judges is not right in a democratic set up. The system of collegium in selecting judges is not transparent and there is no accountability, according to it.

In a press note issued here on Saturday, the CPI national secretary Dr K Narayana said the Constitution 99th amendment Act 2014 had established National Judicial Appointments Commission (NJAC) to select members of higher judiciary.

The commission was necessitated in the background of upholding democratic values of this nation. Above all, certain black scars had glaringly appeared on certain judges in the recent period. This system of collegium could not be made accountable.

Hence, the need of the hour was that the judiciary should be in clean hands to create more confidence among justice seekers, he said.

In place of non-transparent collegium system, the National Judicial Appointments Commission has come into judicial arena. Constitution (99th amendment) Act was passed unanimously in both the Houses and 20 State Assemblies ratified the amendment.

Veto powers of two members are to crosscheck on nepotism and favouritism with regard to judicial appointments.

In a parliamentary democracy, Parliament is supreme. At the same time Supreme Court cannot give judgments which are contrary to basic democratic rights of people and their representatives.

The Supreme Court itself has given several judgments stating that it should not strike out bills passed in the parliament by majority of peoples’ representatives which are not contrary of spirit of the constitution.

Wisdom of people should be upheld over and above the judiciary. Above all, judiciary should not interfere with jurisdiction of the executive, according to the release.