Merit Must Predominate In Judges Appointments; Time For More Direct Appointees : Justice Nariman In Farewell Address

Justice Rohinton Nariman, who retires as a Supreme Court judge today,  said in his farewell speech that merit must be the predominant factor to be considered in judicial appointments.

While delivering his address at the farewell function organized by the Supreme Court Bar Association, Justice Nariman said that the people of India and the litigating public have a legitimate expectation of a certain quality of justice from the final court. For that, merit must predominate in appointments, he said.

"I believe there is a legitimate expectation in the people of India and the litigating public to get a certain quality of justice from this final court. For that, it is very clear, merit must predominate, subject of course to other factors. But merit always comes first", Justice Nariman said.

Justice Nariman, the fifth advocate to be directly elevated to the bench, also called for more direct appointments from the bar to the bench.

Concurring with the view expressed by Senior Advocate Vikas Singh, the President of Supreme Court Bar Association, he said "it is time more direct appointees are elevated to this bench".

"I would also say, and exhort, those direct appointees who are asked, never to say No. It is their solemn duty, having reaped so much from the profession to give back", he added.

Earlier in the function, the Chief Justice of India NV Ramana had said that an advocate would be required to make a number of sacrifices on deciding to become a judge. First is monetary, especially when one is having a roaring practice. Second is the cut down in the social life and third is the amount of work awaiting a judge. Despite all that, it is the spirit of public duty that makes one take up judgeship, the CJI had commented.

Before that, Senior Advocate Vikas Singh had said that Nariman's earnings on a day during his time as a lawyer would be more than the salary he received as a judge over seven years.

Justice Nariman said in his address that judgeship was not a "cakewalk" .

"When I was at the bar I had no idea how it would be like at the bench. This side (the bench) is much more difficult than a lawyer. You have to read much much more. I enjoyed writing judgements and at the end it worked out well", he said.

He also shared interesting accounts and memories about his days as a lawyer - about attending Justice Krishna Iyer's court as a junior lawyer, about assisting the legendary lawyer Nani Palkhiwala in the Minerva Mills case, about being the junior of KK Venugopal, about the encouragement he received from Justices Chinnappa Reddy, Venkatachaliah, Ahmadi, about his friendship with Kapil Sibal and Late Arun Jaitley and all.