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Directions (149-160): Read the following passage carefully and answer thequestions given below it. Certain words are given in bold to help you to locatethem while answering some of the questions.
An independent, able and upright judiciary is the hallmark of a freedemocratic country. Therefore, the process of judicial appointments is of vitalImportance. At present, on account of the Supreme Court’s last advisory opinion,the role of the executive and its interference in the appointment of judges isminimal, which in light of our previous experience most welcome. However thereis a strong demand for a National Judicial Commission on the ground of widerparticipation in the appointment process and for greater transparency.Thecomposition, the. role and procedures of the proposed National Judicial Commission,must be clearly spelt-out, lest it be a case of jumping from the frying pan intothe fire.
Recently, there has been a lively debate in England on the subject. A JudicialCommission has been proposed but there are not many takers for that proposal.In the paper issued this month by the Lord Chancellor’s Department on JudicialAppointments, the Lord Chancellor has said, “I want every vacancy on the benchto be filled by the best person available. Appointments must and will be made onmerit irrespective of ethnic origin, gender, marital status, political affiliation,sexual orientation, religion or disability. These are not mere words. They are firmprinciples. I will not tolerate any form of discrimination.
At present, there are hardly any person from the ethnic minorities manningthe higher judiciary and so far not a single woman has made it to the House ofLords. The most significant part of Lord Chancellor’s paper is the requirementthat “allegations of professional misconduct made in course of consultations abouta candidate for judicial, office must be specific and subject to disclosure to thecandidate”. This should go a long way in ensuring that principles of natural justiceand fair play are not jettisoned in the appointment process which is not anuncommon phenomenon.
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