The Supreme Court on Tuesday told the Centre that <g data-gr-id="43">appointment</g> of judges in higher judiciary is a “serious” business and cannot be left either to the “hit-and-trial” method or to the mercy of God.
“This is a serious business. The only problem is that we cannot leave it to God. The appointment of judges is not a hit-and-trial business,” a five-judge Bench headed by Justice JS Khehar said during hearing on pleas challenging the validity of the National Judicial Appointment Commission (NJAC).
“Hit-and-trial is part of Constitutional evolution. NJAC should be given a try. It is better <g data-gr-id="19">then</g> the previous models,” Attorney General Mukul Rohatgi told the Bench.
“Then do not say that it (NJAC) is <g data-gr-id="23">hit-and-trial</g> method. Say that it is fool proof,” the Bench said. “It is better than the previous systems,” Rohatgi said and repeated his statement that the junked Collegium system was akin to “you scratch my back, I will scratch yours”.
The Bench asked Rohatgi how many such cases are <g data-gr-id="21">there</g> where the collegium has insisted for <g data-gr-id="20">appointment</g> of a particular judge. “Very few,” Rohatgi replied and narrated an incident where a person was appointed judge despite serious objections raised by the government.