In view of the recent cases where fingers have been raised at the judiciary and action initiated against judges, the Bombay Bar Association (BBA), association of advocates practicing in the Bombay High Court, has passed a resolution seeking transparency and accountability in appointment and removal of judges of the high courts and Supreme Court.
The resolution passed by the BBA on December 9, calls upon the Chief Justice of India Sarosh Homi Kapadia to constitute a committee to frame model law for appointment, discipline and removal of judges.
Vice president of the BBA Dara Zaiwalla and secretary MP Rao presided over the meeting when the resolution was passed. The resolution asks for formation of a National Judicial Commission comprising three senior most judges of the SC, the Prime Minister and a leader of the Opposition. This commission could oversee the process of appointment, discipline or removal of judges.
If required, the commission could propose constitutional amendment for the same, without compromising supremacy of the Parliament of India.
Advocate Ahmed Abdi, a member of the BBA, said, “We do not want the executive to monitor the judiciary. At the same time, we feel there is a need to set up independent judicial body to monitor the judiciary.”