Sardesai, who was the sole legislator to raise the objection, also alleged that the Bill strikes at the root of the independence of higher judiciary. Fatorda MLA was participating in the discussion called to ratify the bill. The bill was ratified by the House when both ruling and opposition, except Sardesai, supported the Bill unanimously.
“Though there is need to rationalize judicial appointments and make them transparent, I feel that the Judicial Appointments Commission Bill in its present form will politicize appointments and transfer of judges to higher judiciary,” Sardesai said pointing to appointment of Union Law Minister as the member of the judicial commission.
He appealed to MLAs not to be a party for axing the independence of the judiciary by providing the back door entry to any ruling political party to dominate judicial appointments. “The provisions of the bill which has come before the House for ratification not only provides an upper hand but I would call it a final hand to the ruling political party to make appointments of judges to the Supreme Court and High Courts,” he said.
“This is a joint venture between both ruling and Opposition, in passing the bill,” Sardesai said after Leader of Opposition Pratapsing Rane and his members supported the bill.
Sardesai said that the proposed judicial Commission makes the judicial appointments open to prejudice and political influence. He said that the danger in the proposed bill is the likelihood of the veto power by the non-judicial members who are members on the Commission. “It also hits at the root of the independence of the higher judiciary. Judicial independence and integrity is the basic structure of our Constitution,” he added.
