TAMIL NADU

Judicial commission

Sir, — Mr. V.R. Krishna Iyer has made a plea for the constitution of a National Judicial Commission (Oct. 30, 31). Giving primacy to the judiciary in appointment and transfer of judges of the superior judiciary has not had the desired effect. In no other country does the judiciary have such decisive and exclusive power. There has been increasing delinquency in the judiciary, the latest being the case of three judges of the Punjab High Court. An "in-house remedy" suggested by the Supreme Court in Justice Bhattacharjee's case has not proved adequate. Impeachment has not proved an effective remedy.

A permanent machinery is necessary to deal with cases of judicial misconduct, deviancy and delinquency which do not attract impeachment. A national judicial commission will fit the bill.

N. Krishna Murthy

Cuddapah, A.P.

Sir, — Mr. V.R. Krishna Iyer has stressed that "appointments of judges, transfers, censures and elevations and disciplinary oversight of the higher judiciary must be vested in a high-power body with sensitive regard to the independence of the judiciary and the integrity of the instrumentality." Such a body is absolutely necessary not only for the posts of judges of High Courts and Supreme Court but also for the posts of presiding officers, including district munsiff and magistrates and public prosecutors, Government pleaders, etc,. The judiciary should be free from politics and caste.

S. Vellaichamy,

Tirumangalam, T.N.

Sir, — This has reference to Justice V.R. Krishna Iyer's two-part article advocating a National Judicial Commission. As long as our courts do not get financial independence as mandated by Article 50 of the Constitution and the appointment of judges does not become transparent and brilliance, not seniority, does not become the yardstick for appointment and promotion of judges, justice shall never be buoyed up.

Krishna Prasad Sahoo,

Convict, Koraput jail, Orissa

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