Too Much Transparency in the New Judges Appointment System Will be Disastrous, Observes Supreme Court

New Delhi: A five judge constitution bench examining the constitutional validity of the National Judicial Appointments Commission (NJAC), said, "The effect of transparency is no one will give honest adverse report as it will be put to public domain under the Right to Information (RTI). What is the point in transparency if you can't give honest opinion about the candidate?"

Justice JS Khehar heading the five constitution bench said, "If a lawyer is not selected and loses judgeship, and if his non-selection is to be subject matter of RTI, his profession will be ruined. Even if he becomes a judge and later on if the adverse comments are put in public domain it will lead to disastrous consequences for him."

Attorney General Mukul Rohatgi agreed with the bench, and said it is up to the NJAC to devise its rules and seek exemption from RTI. The NJAC has been set up to replace the two decade-old collegium system of judges appointing judges and widens the process to include the government.

Mr Rohatgi argued that the presence of two eminent persons on the NJAC would not affect the independence of judiciary and even lay persons not connected with judiciary; but with knowledge and changing needs of society could be appointed. It was necessary to have such persons to ensure diversity and accountability in appointments.  

Arguments will continue tomorrow.