Chief Justice of India designate Justice P. Sathasivam is in favour of virtual reservation in appointment of judges in the higher judiciary by giving more representation to Other Backward Classes, Scheduled Castes, Scheduled Tribes and minorities.
“We have to give representation to OBCs, SC/STs and other minorities in the appointment of judges to High Courts and the Supreme Court. Though there is no reservation rule, the selection or appointing authority must keep this in mind,” he said.
“In a country like ours, where different communities, different culture are there, we have to give some latitude to them and fill up those pores,” he said.
Justice Sathasivam said there was no need for any new law for making such appointments and that it can be accomplished solely on merit.
“No law is required. All appointments should be made on merits. But at the same time, because of the nature of our country, many people at the bottom level, they have to come up. We have to give them some representation. If they satisfy minimum requirements, you can consider those candidates,” the Chief Justice of India designate said.
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‘Constitution bench to avoid conflict of view’
New Delhi, July 7: There will be at least one Constitution bench for “authoritative pronouncements” on issues like mercy pleas to avoid conflicting views by smaller benches, says Chief Justice of India designate Justice P. Sathasivam.
The 64-year-old judge, who will take over as the 40th CJI in a fortnight’s time, feels that a permanent Constitution bench consisting of five judges will solve thousands of cases stuck in litigation, even at the apex court, because of conflicting views from smaller benches.
The new CJI designate also has strong views on the legislative proposal for a bar on judges making casual observations against legislature and executive during hearings, the need for virtual reservation in higher judiciary in appointment of judges and dismisses the idea of setting up circuit benches of the apex court in other parts of the country.
The new CJI designate also wants judges to be cautious while making observations in the courts. — PTI