Concerned Authority Should Check Appointment of Judicial Officers and Independence of Judiciary

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Name of the case - Krishnakant Tamrakar v. State of Madhya Pradesh, AIR 2018 SC 3635 : 2018 (2) Crimes 254 : 2018 (5) Scale 248

Date of Judgment – 05 March, 2018

Judges: Justice Adarsh Kumar Goel Justice Uday Umesh Lalit

Subject and sections involved –  Appointment of Judicial Officers and Independence of Judiciary

Issue :

  1. Whether there should be a body of full time experts without affecting independence of judiciary, to assist in identifying, scrutinizing and evaluating candidates at pre-appointment stage and to evaluate performance post appointment.

 

Ratio of the case - The concerned authorities may examine whether there is need for any changes in the judicial structure by creating appropriate fora to decongest the Constitutional Courts so as to realistically achieve the constitutional goal of speedy justice. The Government may also consider what changes are required in the process of 37 (1992) 1 SCC 119 evaluation of candidates at its level so that no wrong candidate is appointed. Pending legislative measures to check the malady of frequent uncalled for strikes obstructing access to justice, the Ministry of Law and Justice may compile information and present a quarterly report on strikes/abstaining from work, loss caused and action proposed. The matter can thereafter be considered in the contempt or inherent jurisdiction of this Court. The Court may direct having regard to a fact situation, that the office bearers of the Bar Association/Bar Council who passed the resolution for strikes or abstaining from work or took other steps in that direction are liable to be restrained from appearing before any court for a specified period or till they purge themselves of contempt to the satisfaction of the Chief Justice of the concerned High Court based on an appropriate undertaking/conditions. They may also be liable to be removed from the position of office bearers of the Bar Association forthwith until the Chief Justice of the concerned High Court so permits on an appropriate undertaking being  filed by them. This may be in addition to any other action that may be taken for the said illegal acts of obstructing access to justice. The matter may also be considered by this Court on receipt of a report from the High Courts in this regard. This does not debar report/petition from any other source even before the end of a quarter, if situation so warrants.