It refers to Kerala High Court Judge (now retired) B Kemal Pasha rightly observing that appointment of judges is not a family property to be partitioned and that judgeship should not be allotted on caste basis. Observations came just after the writ where it was alleged that the recommended candidates are kith and kin of either judges, former judges or the advocate-general. The petition alleged that one is a son-in-law of a former HC judge, another is a cousin of a High Court judge, a third is a son-in-law of a top judicial officer and a fourth is a relative of a former SC judge.
Even there are whispers of give-take in clearing appointments in higher judiciary by the Supreme Court collegium on earlier occasions. There must be a Indian Judicial Service (IJS) on lines of Indian Administrative Service (IAS) where merit in clearing IJS examinations may be considered for an appointment at initial lower level, and subsequently promoting to higher courts including High Courts and Supreme Court. Members from bar desiring to become judges at higher courts must have passed IJS examinations before starting their practice rather than opting for lower judiciary.
Madhu Agrawal
(The views expressed by the author in the article are his/her own.)
