System Didn't Bring In People Like Justice Kureshi; If You're Too Good & Independent, You're Out : Former SC Judge RF Nariman
Speaking on the appointment of judges, former Judge of the Supreme Court, Justice Rohinton Nariman said that while the entire system that exists today was not per se bad, it was not being followed properly or working how it should be.Nariman said that the inefficiency of the system was brought out when the government sat on appointments of some judges. He also added that the system had failed...
Speaking on the appointment of judges, former Judge of the Supreme Court, Justice Rohinton Nariman said that while the entire system that exists today was not per se bad, it was not being followed properly or working how it should be.
Nariman said that the inefficiency of the system was brought out when the government sat on appointments of some judges. He also added that the system had failed by not elevating Justice Akil Kureshi to the Supreme court.
“The system is not throwing in the best. Which is why the system didn't bring in people like Justice Kureshi. Apparently when you're too good, if you're independent, you're out of the system,” Nariman said.
Tracing the history of appointment of judges in the US, UK and India, Justice Nariman said that the system was working perfectly till it received the first blow in the aftermath of the Kesavananda Bharati judgement. He added that the independence of the judiciary received its second blow when the then Prime Minister Indira Gandhi declared emergency.
Nariman added that the third blow to the independence of the judiciary was when 16 judges, who were courageous like Justice Kureshi were transferred in a go. Nariman pointed out that when the transfer was challenged, the Supreme Court, in a majority decision upheld the powers of the government.
Nariman was speaking at an event organised by the juniors of former Advocate General of Tamil Nadu Late Mr. S Govind Swaninadhan to confer SGS Award for Ethics in Legal Profession to former Chief Justice of Rajasthan and Tripura High Court, Justice Akil Kureshi.
Justice Akil Kureshi's Non-Elevation : A Worrying Signal Of Executive Influence Over Collegium