C.S. Karnan Contempt Case: Supreme Court Calls For Revisiting The Selection Process Of Judges
Delivering its judgment in the contempt case against former Calcutta High Court judge CS Karnan, the Supreme Court today (5 July) noted the important to revisit the appointment process of the judges to judiciary.
Though the decision to hold Karnan in contempt was taken a couple of months ago, the judgment was delivered today by a Bench of Chief Justice JS Khehar and Justices Dipak Misra, Jasti Chelameswar, Ranjan Gogoi, Madan B Lokur, Pinaki Chandra Ghose and Kurian Joseph.
Justices Chelameswar and Gogoi authored the judgment held Karnan in contempt under the heads of scandalising the court as well as interference with the proceedings of the court. “In our view, the contemnor (Karnan) is therefore liable to be punished for the contempt of this court”, the duo wrote.
But far more important part of the judgment probably is where the apex court has called for revisiting the selection processes of judges to higher judiciary. Not only this, the apex court also expressed the need to set up a system where action other than impeachment can be taken against the judges of a constitutional court.
The judgment notes:
This case, in our opinion, has importance extending beyond the immediate problem. This case highlights two things, (1) the need to revisit the process of selection and appointment of judges to the constitutional courts, for that matter any member of the judiciary at all levels; and (2) the need to set up appropriate legal regime to deal with situations where the conduct of a Judge of a constitutional court requires corrective measures – other than impeachment – to be taken.