Judicial Independence

From the speech of Mr. Arun Jaitley

The post Emergency phase witnessed a series of landmark judgements strengthening the Fundamental Rights, expanding judicial activism and encouraging public interest litigation.  However, by a split judgement in 1983, the Supreme Court gave the last word on Judicial appointments to the Executive.  This had a serious adverse impact on the institution.  Several persons were appointed in High Courts known for their proximity to the Government in power. Realising these implications, the Court in 1993 reversed its earlier opinion and gave primacy to the Chief Justice of India in the appointment of judges.  In 1998 this primacy had to be shared with a collegium of judges.  We now have a system where effectively the judges appoint the judges.  Judges also look into the complaints of misdemeanours against judges.

The tendency seen in the last few decades of retiring Judges desiring to get ‘assignments’ from the Executive after retirement is disturbing.  I have always believed that the desire to continue in an ‘assignment’ for many has increased.  This has a tendency to impact on the pre-retirement conduct of a retiring judge.  I say this on the basis of my experience both in the Government and outside.  This adversity impacts judicial independence.

https://www.bjp.org/speeches/brief-points-made-shri-arun-jaitley-conference-legal-cell