Judges don’t need certificates, SC says

New Delhi, Sep 20 (PTI) Judges do not need certificatesfrom anybody, the Supreme Court today said while rejecting aPIL seeking setting up of a "public body", independent of theexecutive and judiciary, to ensure fair appointment of judgesin High Courts and the apex court. "We don’t need a certificate from anyone on earth," abench comprising justices Arun K Mishra and U U Lalit said. The observation came when it was alleged that there hasbeen nepotism in the appointment of judges in High Courts andthe apex court. The bench disagreed with the plea of National Lawyers’Campaign for Judicial Transparency and Reforms that a bodyindependent of executive and judiciary to select Judges to thehigher judiciary was needed, as those talented amongst a vastmajority of lawyers were never considered by the collegium forselection as Judges. "We are dismissing it. We see no merit in this petition…Your ideas may be good or bad, we are not commenting. Butwhat all you are asking cannot be done without quashingcertain constitutional provisions," the bench said. When advocates Mathew J Nedumpara and A C Philip,appearing for the lawyers’ body, referred to the ongoingvetting by the Centre of the Memorandum of Procedure (MoP) togovern judges’ appointments, the bench said "we will notcomment on MoP. Can a proposed MoP be questioned? Let it becrystallised. Let it come out …then we will see". The bench said the setting up of such a body would amountto amending the Constitution which cannot be done by the apexcourt. The lawyers’ body has contended that an independent judgeselection body was needed to end the alleged control of the"elite section" over judiciary. The selection of kith and kin of serving and formerjudges and senior advocates as Judges in higher judiciaryshould and must stop, the lawyers’ body said in its plea. The PIL has alleged that the "common deserving lawyers"are usually not considered for appointment as judges in thehigher judiciary and only those close to the judges of theSupreme Court and High Courts or politicians or big industrialhouses got chosen. (More) PTI MNL RRT SJK RKSARC