Justice AP Shah Retires, Appointment of SC Judges Not Clear

In an interview given to Times of India (reported on 12th February, 2010), Justice A.P.Shah, who had recently retired as chief justice of Delhi High Court, spoke openly about his feeling of being hurt. His name had been overlooked by the country's highest collegium which is headed by the Chief Justice of India. 

Based on seniority, he was one of the seniormost High Court chief justices who may have been elevated to the Supreme Court. However, other junior judges were recommended for the same.

Collegium Headed by CJI Makes SC Appointment Decisions

In India, a collegium headed by the Chief Justice of India is responsible for the appointment of judges to the country's apex court but the process is so secretive and shrouded in mystery. As a result, the call for judicial transparency has become stronger even among  the esteemed judges.

Here are some important facts stated by Justice A.P. Shah:

• Presently, there are no clear parameters pertaining to the appointment of judges to the Supreme Court.
• Transparency helps the functioning of judges.
• Transparency minimizes the scope for favoritism.
• At least let a candidate know the reasons for rejection.

Justice A.P.Shah talked at length about the lack of transparency in the process of appointing judges to the Supreme Court. Under Chief Justice A.P. Shah, the Delhi High Court delivered remarkable judgments stating that:

• gay sex is legal
• office of the Chief Justice of India comes under the Right to Information Act
• new parole guidelines are to be framed by the Delhi government

The independence of the judiciary is sacrosanct. For the same reason, the public and the legal fraternity are keen to ensure and demand judicial transparency pertaining to appointment of judges to the High Courts and Supreme Court.