The Gopal Subramanium SC Judge Appointment - Conundrum or Fracas?
(Is Independence of the Judiciary Compromised? Has the "Collegium System" failed? How would a Judicial Commission do any better?)
It is as intriguing as it is interesting or curious to get even a glimpse of the salacious or malicious leaked reports dripping from the corridors of power in Delhi on the events that led to Gopal Subramanium withdrawing his candidature for appointment to the Supreme Court.
Firstly, from what little is known about it, one would think that IB and CBI are to give any evidence regarding misdemeanor or malfeasance leading to questions of integrity for appointment to high Constitutional office. These agencies certainly not meant to comment on or assess professional competence or attitudinal incompatibility of the person under consideration for high office, simply because it is neither their job to do so, nor do they have the requisite knowledge or ability for such tasks.
News reports say that he was "cleared" by the IB prior to May 15, 2014. However, the IB reports or at least the parts of it "leaked" to media are not very flattering. (Nice to see that not only are subsidies leaked, but IB reports too share the same fate. I wonder whether UID would fix the leakages of intelligence agency reports.)
If intelligence agency reports are leaked, it does not speak too well of the capability of the agency to hold secrets, which is the least one would expect of it. Perhaps, the leaks are deliberate. If so, then too the agency's integrity would be under question. What motivated the leak?
The episode brings into focus the issue of judicial independence. The highest echelons of judiciary too do not seem to have come out unscathed in this matter.
If a judicial commission would overcome the problems caused by the current collegium system for selection and appointment of judges, as some opine, one would like to know, how it would thwart the executive from interfering as as it appears to have done in this incident?
Here are a few links to media coverage of the subject.