NLC considers Collegium as an undemocratic and unconstitutional body. It is unfortunate that the same is allowed to have a life after its death which the judgment of the supreme court in the NJAC case has meant to be.
While we completely oppose ‘sarkari judges’, we are in even greater disagreement with judicial dynasties. Between the two evils, the Sarkari judges may even be a better option! The need of the hour is an Independent Judicial Appointments Commission, independent of both the executive and the judiciary. The NJAC was a good idea. But it was allowed to be aborted even before it could take birth. Who did and why it was done is an open secret. We are fully aware that the clarion call for the dismantlement of the collegium will be continued to be resisted. But ‘an idea whose time has come, no army can resist’. The collegium will go, I have no doubt about it. And far sooner than we would expect it to happen today! The NLCs petition seeking review of the NJAC case, so too, of the judges 2 case, are pending.
The fact that we are opposed to the Collegium is no reason for us to oppose everything that the Collegium does blindly. I say so, I don’t want to conceal, in the backdrop of the transfer of Chief Justice Mrs. Tahilramani of the Madras High Court to Meghalaya. We have deliberated greatly on the subject with some of the members demanding that the NLC should protest while others stood very firm on their stand that we shall not, on grounds of probity. In these matters nothing can be a greater virtue than reticence. Therefore, i will not elaborate. All that I wish to convey is that, the NLC has resolved not to oppose the transfer of Justice Mrs. Tahilramani, except to say that it would have been ideal had the Collegium disclosed the reasons which had constrained it to recommend the transfer of Mrs. Tahil Ramani, for the nondisclosure of the reasons, in itself gives room for the accusation that the Collegium has acted arbitrarily. I make it clear that the NLC has no such grievance.
Mathews J. Nedumpara
Cochin, 08 September 2019