How To Improve Process For Selection & Appointment Of Judges To Courts And Tribunals: Suggestions By AIFTP To The Supreme Court
The AIFTP has always been at the forefront in matters relating to judicial reforms. Pursuant to the judgement of the Supreme Court in Supreme Court Advocates-on-Record Association vs. UOI striking down the National Judicial Appointments Commission Act and upholding the Collegium system of appointment of judges and inviting suggestions from all stakeholders on the measures to be taken to improve the Collegium system, the AIFTP has filed an application in the Supreme Court requesting permission to be impleaded in the matter and to offer suggestions.
The suggestions offered by the AIFTP are far-reaching and if accepted by the Hon'ble Court, would have a positive impact on the functioning of the judiciary including the ITAT. One of the suggestions relates to the functioning of the ITAT. It is pointed out that presently there is no institutionalized mechanism for the elevation of ITAT Members to the High Court. It is suggested that a mechanism be set up which could provide reasonable assurance to the deserving Members of the Tribunal that their good work will be recognized and they can expect elevation to the High Court. It is also pointed out that as per the posting/ transfer procedure, a newly appointed ITAT Member is not posted in the State where he or she was practicing. Because of this, the collegium of the High Court concerned does not have adequate background information about the ITAT Member and finds it difficult to judge whether the person has the proper credentials and is worthy of being elevated. The AIFTP has suggested that this problem can be overcome by the Collegium of the High Court devising an appropriate internal mechanism for obtaining feedback about the proposed candidates from the professionals who regularly appear the before the Tribunal. The professionals are in the position to provide accurate and unbiased information and opinion about the credentials of the Member and whether he or she is fit for the higher post. It is pointed out that if this process is adopted, deserving candidates will be attracted to join the ITAT, CESTAT & other Tribunals and this will further the cause of "Sulabh Nyay Satvar Nyay".
There are several other suggestions of importance offered by the AIFTP.
Regards,
Editor,
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