TAMIL NADU

Judicial commission

Sir, — The views expressed by V. R. Krishna Iyer in "For a national judicial commission" (Oct. 30 & 31) are indeed thought provoking. Judicial appointments should be made only by a judicial commission with a retired Supreme Court judge as chairman and other retired Supreme Court judges and the Chief Justices of the High Courts as members.

To deal with delinquent judges, Mr. Iyer has advocated a judicial commission presided over by the Chief Justice of India with the flexible composition of judges of the Supreme Court, the Chief Justices of the High Courts, leading lawyers, outstanding statesmen such as retired judges or former Presidents and the "leaders of the two Houses of Parliament." But delinquent judges should be weighed only by legal luminaries and not by politicians.

The findings of such a commission should be accepted in toto and suitable disciplinary action initiated against the errant judges.

M. Nagasubramanian, Chennai

Sir, — The tenor of Mr. Iyer's articles seems to echo an apprehension that the Supreme Court may err in exercising its "primary powers of consultations" along with the President in appointing and transferring judges of the High Courts and the apex court.

The role of the Supreme Court in protecting the independence of the judiciary is sublime. Its active involvement in the selection of the judges for the High Courts and the apex court cannot be construed as an "usurpation of powers" from the Executive as provided in the Constitution.

The creation of a national judicial commission will tarnish the image and lower the status of the Supreme Court.

R. Krishnamoorthy, Villupuram, T.N.

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