Chief Justice J.S. Verma retires on January 18. As per the norms, he should already have nominated his successor; however, he has chosen to maintain an enigmatic silence. This delay is unfortunate as it has brought under scrutiny the judiciary, perhaps the last credible institution of the republic.With the chief justice not exercising his option, the caretaker Government may deem it correct to act unilaterally and impose its choice on the Supreme Court. Should this happen, it will be tragic for the judiciary; it will be doubly tragic for India. In 1993, a Constitution bench - of which, ironically, Verma was a member - had set the rules for the chief justice's appointment. It had made it obligatory for the President to accept the recommendation of the outgoing chief justice. The judgement also upheld the convention of inviting the senior most member of the bench to the top chair, as long as he was "considered fit to hold the office". If Justice M.M. Punchhi, the seniormost judge after Verma, is "fit" to hold the office, the delay is inexplicable. If Punchhi is considered unfit, then to the decision should have been known well in advance, regardless of the controversy that the resultant supersession might have triggered. After all, transparency is the oxygen of democracy. It is not individuals who are important here; the future of the judicial arm of Indian democracy is at stake. In times which are inherently uneasy, the country could have done without speculation about who will be its custodian of justice. In recent years, as the executive and legislature have lost authority, the judiciary has held its head high. For the nation's sake, this must continue to be the case. If judicial autonomy seemed to be strengthened by the 1993 judgement, I.K. Gujral's Government may decide it is within its caretaking responsibility to pose a challenge to it and nominate a chief justice on its own. Institutional anarchy will then merge with constitutional conundrum; and India will be the poorer.Published By: AtMigration Published On: Jan 5, 1998--- ENDS ---
