Is the National Judicial Commission (NJC) an answer to the aberrations in the appointment process?
Whatever the system, it is the honesty of purpose of the persons who are in charge of working that system that matters. Honest errors everyone makes. But then if something stares you in the eye, and then you do it, it weakens the system. And, therefore, I am for transparency. There is no reason why, after an appointment is made, the entire correspondence cannot be made public. The public must know the reason why a collegium recommended someone and persisted. Some names that were expressly rejected by the collegium during my time were subsequently recommended after I retired from the Bench. Maybe the earlier decision was wrong. But the records must show why. Consultation among senior Judges in the matter of appointments was also a convention before the 1993 judgment. There is no inherent flaw in the judgment. The flaw is only in the working. Now, what should be the composition of the NJC? I am not for Speaker or anyone else, because ultimately they are political persons. You have instan