I do feel that the present convention of appointing the CJI based on seniority alone has to be dispensed with forthwith; the tenure served by most CJIs in India is the answer (“Choosing the Chief Justice,” May 5). What contribution can we expect from them in such a short span of time?
The proposed JAC has to opt for a better approach. It must dispense with the present convention of seniority. Then it has to choose a suitable person based on merit-cum-seniority or seniority-cum-merit. Third, the tenure should be fixed at three years to enable the CJI to have a vision and a mission.
Even other Commonwealth countries, erstwhile British colonies, have adapted themselves to the present era and made drastic changes in the setting up of commissions to select judges. It is time India also followed suit. The selection process should be open.
The writer expounds vividly the confluence of two powerful forces shaping the functioning of Indian judiciary — tradition and the insistence on objective criteria. However, it is imperative to revise the trend to focus on competency rather than convention for the effective execution of the judiciary.
Batalagundu, Tamil Nadu