There should be direct interaction between the executive and the judiciary for appointments of judges, said ex-Supreme Court Judge Sanjay Kishan Kaul.
The appointment of judges under the collegium is too slow, making it challenging to attract bright minds to the position, Kaul said and added that it is in part because there is no guarantee they will be selected. Kaul suggested having formal and open discussions in judicial appointments instead of backroom talks and files moving back and forth.
“Informally discussions will take place, so why not have it formally those discussions so that we have a more open system in the appointed person,” he said adding he’s not referring to public debate rather a dialogue between the stakeholders. “I believe the process is not very conducive to getting in,” he said.
Kaul was speaking on the second day of 13th ThinkEdu Conclave, presented by Sastra University, held in Chennai on Thursday. The session titled ‘Constitution as Guiding Light: Why We Need to Know The Law’ was chaired by author and analyst Shankkar Aiyar.
“We are a very diverse country, there will be differences of ideas, there will be perceptions. The willingness to accept the different perceptions and carry on is very important. Somewhere I find the dialogue becoming less. The ability to carry people around is under threat. It cannot be my way or the highway principle in a country us” - Justice Sanjay Kishan Kaul, former Supreme Court Judge
“Social churing takes times, so does that judicial churing”- Justice Kaul added.
He said only intersections of the legal and political issue could be determined by courts and purely political issues should be settled in the political arena.
There is an expectation from courts to intervene on behalf of the opposition when there are strong governments like today, but asserted that its job is to see whether any government adheres to the constitution. While the courts can be a little more active making sure the strong government adheres to constitutions, he said, adding there is distinction between what the court is required to determine and what the political sphere is required to do.
“But it cannot be what I said is a substitute for the political arena issues which need to be addressed in the political arena alone.”
The former judge said the constitution should be the guiding book during conflicts or differences with the executive. “The first job (of the courts) is to read the constitution, reread it when political dispensation or other dispensations don't play ball, if I may say so. Tell them what restricts, because the constitution takes place, a balancing factor between the executive, the judiciary and the political dispensation. The checks and balances (are) provided by the judicial system, so how the system will work will depend on how much and in what manner the court keeps on informing the executive when the issue arises, that what is permissible and what is not permissible,” he explained.
Responding to the possibility of setting up a Truth and Reconciliation Council, he said it will help acknowledge the pain of the people and share their stories. Whether people go back to Kashmir is doubtful, but it will help them connect with their roots, he added.