Naming judges a tough task these days: Thakur

The CJI was addressing at the First Justice V.R. Krishna Iyer Memorial Lecture Series.

October 27, 2016 02:41 am | Updated December 02, 2016 11:51 am IST - NEW DELHI

Chief Justice of India T.S. Thakur. File photo

Chief Justice of India T.S. Thakur. File photo

In present times, it would have been difficult to recommend Justice V.R. Krishna Iyer’s elevation to the Supreme Court, considering his early stint as a politician and a series of prosecutions, Chief Justice of India T.S. Thakur said during his inaugural address at the First Justice V.R. Krishna Iyer Memorial Lecture Series here on Wednesday.

“Just before I came here, we had a meeting of the Collegium and we had a few candidates from a particular State. Two candidates had obtained an allotment for a chamber and the allotment was later cancelled as it was found to be not in accordance with the rules … an allottee has gone to court to challenge the cancellation. Now, one of the objections is that this candidate is in litigation. Can you imagine? ... we have indeed deferred … and said, yes the fellow is in litigation,” he said.

Politician-turned-judge Suggesting that the job of appointing judges had become tougher over the years, Chief Justice Thakur said, “Now, the times have changed. Today, if we had a Krishna Iyer-like candidate, we would be very hesitant in recommending him for elevation.”

Justice Thakur said: “He was the first person who came from politics to judiciary. We have all known [about] judges who, after they retire, have the tendency to meddle in politics. There have been cases where judges have retired and fought elections. To see a politician becoming a judge, that too of Supreme Court, is inconceivable in the present context.”

Stating that the future may recognise Justice Iyer as one of the greatest jurists in the world, the Chief Justice said Justice Iyer’s understanding of Constitutional ethos and jurisprudence was unparalleled, particularly that of the aspirations of the people. He would find ways and means to ensure that justice was done within the parameters of the law.

Spectacular contributions Recounting the great legal luminary’s spectacular contributions, veteran lawyer Fali S. Nariman quoted several landmark judgments of Justice Iyer and anecdotes from his life to enlighten the young audience about the sensitivity with which he dealt with cases.

“For Justice Krishna Iyer, a wrong was a wrong was a wrong, and it had to be exposed, whoever were the personalities involved,” Mr. Nariman said.

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