The notion that "judges appoint judges" is a fiction, according to Chief Justice of India N V Ramana, because the judiciary is merely one of many parties involved in the process of selecting judicial officers.
At Siddhartha Law College in Vijayawada, he was giving the fifth Sri Lavu Venkatewarlu Endowment Lecture on "Indian Judiciary - Future Challenges."
He also stated that physical attacks on court officers have increased in recent years, and that there have been coordinated print and social media campaigns against judges if parties do not receive a favourable judgement, with these attacks appearing to be "financed and synchronised." The institution of public prosecutors has to be freed up. He went on to say that they should be given complete autonomy and should only be accountable to the courts.
"It's popular these days to use terms like 'judges themselves appoint judges.' This, in my opinion, is one of the most frequently circulated falsehoods. The truth is that the judiciary is just one of many players in the process," Justice Ramana added.
During a recent debate in Parliament on the High Court and Supreme Court Judges (Salaries and Conditions of Service) Amendment Bill, 2021, Kerala MP John Brittas reportedly stated that judges nominating judges is unheard of anywhere.
"Many authorities are involved, including the Union Law Ministry, State Governments, Governors, High Court Collegia, Intelligence Bureau, and the top executive, who are all appointed to review a candidate's suitability." I'm sorry to say that the well-informed also promote the aforementioned belief. After all, this storey is appropriate for certain areas," Justice Ramana explained.
He praised the Centre for its efforts in appointing more judges, but noted that the Union Law Ministry has yet to convey to the Supreme Court some suggestions made by High Courts. The administration is anticipated to follow the timetables set down in the Malik Mazhar case to the letter.
The CJI stated that law enforcement agencies, particularly specialised agencies, must properly deal with malicious attacks on the judiciary, adding that it is sad that the authorities generally do not proceed with the inquiry unless the court intervenes and issues orders.
"Governments are required and obligated to provide a secure atmosphere in which judges and judicial officers can operate without fear," he said.
New media technologies have a lot of power, but they don't seem to be able to tell the difference between right and wrong, good and terrible, and real and phoney. He went on to say that media trials should not be used to decide matters.
A comprehensive rework is required. To protect public prosecutors, an independent selection committee for their appointment may be established. He believes that best practises should be adopted following a comparison of other jurisdictions.