The government is yet to frame guidelines for appointment of judges to the High Court (HC). The court had issued a rule asking the government to do so more than three years ago.
Following a writ petition on June 6, 2010, the HC had asked the government to explain in six weeks why specific guidelines should not be framed for appointing judges to ensure transparency and competitiveness in the process. As per Section 95(2)(C) of the Constitution, the government has to specify the qualifications of Supreme Court judges by framing laws. So far, the ruling regimes have been appointing SC judges after taking political affiliations into consideration instead of proper qualifications, sources said.
Different countries, including neighbouring India and Pakistan, have specific guidelines for appointment of judges to higher courts.
Former Law Commission chairman, Dr Shah Alam, told The Independent that qualification of HC judges should be specified in accordance with the Constitution.
“If the government makes a law to specify judges’ qualification, competent persons would be appointed HC judges, and it would improve the image and dignity of the highest court,” he added.
Considering the HC ruling and constitutional obligations, the government has taken steps to frame laws for appointments of apex court judges. It had asked the Law Commission to submit its recommendations. After taking the opinion of experts, the commission submitted its recommendations to the government on August 5, 2012.
Not wanting to be named, a high-ranking official of the law ministry said they had not taken any initiative to determine the qualification required for being appointed as judges. This despite the fact that the law minister told the House on June 14 last year that the government planned to enact a law for ensuring transparency. The official added that judges were appointed to the HC as per rules of the Constitution.
Law minister Shafique Ahmed told The Independent on Saturday that appointment of judges had been made in accordance with constitutional provisions. “We have appointed HC judges after consulting the Chief Justice in accordance with the Constitution,” he said.
Skirting the query whether the government would enact a law, he said judges had been appointed as per the Constitution.
In its order on June 10, 2010, the HC also ordered the government to inform it within six weeks of the process of selection of persons for appointment as judges since Independence, both in the Appellate and the HC divisions.
The court further asked the government why guidelines for judicial appointments should not be published in the gazette.
The petitioner’s counsel, Hassan MS Azim, told The Independent that the government had neither replied to the HC rule nor submitted any report to it on the appointment process. He also said that the government should take steps as per the HC directive so that there remains no scope to question the appointment process. Azim added that he would approach the HC soon to hear and dispose of the rule.
The Supreme Court Bar Association has been demanding specific rules for several years, as judges are reportedly appointed on political considerations.
-With The Independent input
