THE HINDU Editorial Vocabulary- September 5, 2016- Topic 2
From dissent to disapproval’
History shows that principled DISSENT often leads to reform. Justice J. Chalameshwar has acted on
his famous dissent. After disagreeing with the majority on a Constitution Bench
that struck down the law enacted to establish a
NJAC the judge,
who is part of the five-member Supreme court collegium, has opted to keep out of its proceedings.
In a letter to the Chief Justice, he is understood to have raised the issue of lack of transparency in the collegium’s functioning. His position is CONSISTENT with his dissenting judgment, in which he had spoken elaborately on the ills of the system. He had ARTICULATED his view that the executive cannot be shut out of judicial appointments, and that according primacy to the judiciary in the matter of appointments is not the only way to preserve its independence. Of course, Mr. Chelameswar’s latest MISSIVE is FRAUGHT with serious consequences. It has brought the focus again on the manner in which the judiciary functions on its administrative side. It may further delay the finalisation of the collegium’s view on the Memorandum of Procedure (MoP) for appointment and transfer of judges. With over 480 vacancies in the high courts and three in the Supreme Court, differences within the collegium may delay appointments, leading to significant alterations in the tenure and promotion prospects of judges and Chief Justices. Mr. Chelameswar’s boycott is undoubtedly based on principle; however, it raises the question whether he is not bound to be part of the collegium system as long as it is in force.
In a letter to the Chief Justice, he is understood to have raised the issue of lack of transparency in the collegium’s functioning. His position is CONSISTENT with his dissenting judgment, in which he had spoken elaborately on the ills of the system. He had ARTICULATED his view that the executive cannot be shut out of judicial appointments, and that according primacy to the judiciary in the matter of appointments is not the only way to preserve its independence. Of course, Mr. Chelameswar’s latest MISSIVE is FRAUGHT with serious consequences. It has brought the focus again on the manner in which the judiciary functions on its administrative side. It may further delay the finalisation of the collegium’s view on the Memorandum of Procedure (MoP) for appointment and transfer of judges. With over 480 vacancies in the high courts and three in the Supreme Court, differences within the collegium may delay appointments, leading to significant alterations in the tenure and promotion prospects of judges and Chief Justices. Mr. Chelameswar’s boycott is undoubtedly based on principle; however, it raises the question whether he is not bound to be part of the collegium system as long as it is in force.
Irrespective of the serious reservations
about the verdict in the NJAC case, the collegium system is here to stay. A
fresh and transparent procedure for appointments was to be worked out by the
executive. The Centre has sent its draft MoP, but it appears the collegium is RELUCTANT to approve some of the clauses. The fact
that the exact nature of the differences between them is not known only
strengthens Mr. Chelameswar’s point about OPACITY. The revision process should not be kept under wraps. Public
interest, especially the principle of judicial independence, will be better
served if the procedure under preparation is thrown open to a debate. The
judiciary showed the way forward by asking the Centre to prepare a revised
memorandum. It should also end the IMPASSE by taking
an early call on firming up the procedure. In the light of a clear admission by
the majority of judges in the NJAC case of the need for INFUSION of transparency, it will be welcome if Mr.
Chelameswar’s position strengthens the support for reforming it.
Dissent: the expression or holding of
opinions at variance with those previously, commonly, or officially held.
Example: there was no dissent from this view
synonyms: disagreement, difference of opinion, argument, dispute, disapproval
Consistent: (of a person, behavior, or
process) unchanging in achievement or effect over a period of time.
Example: manufacturing processes require a consistent approach
synonyms: constant, regular, uniform, steady, stable, even, unchanging
Articulated: having two or more sections
connected by a flexible joint.
Example: eight articulated trailer coaches
synonyms: hinged, jointed, segmented, coupled, attached, interlocked
Missive: a letter, especially a long or
official one.
Example: he hastily banged out electronic missives
synonyms: message, communication, letter, word, note, email, memorandum
Fraught: (of a situation or course of
action) filled with or destined to result in (something undesirable).
Example: marketing any new product is fraught with danger
synonyms: full of, filled with, rife with, attended by
Reluctant: unwilling and hesitant;
disinclined.
Example: she seemed reluctant to discuss the matter
synonyms: unwilling, disinclined, unenthusiastic, resistant, resisting, opposed
Opacity: the condition of lacking
transparency or translucence; opaqueness.
Example: thinner paints need black added to increase opacity
synonyms: cloudiness, nontransparency, opaqueness, filminess, blurriness
Impasse: a situation in which no
progress is possible, especially because of disagreement; a deadlock.
Example: the current political impasse
synonyms: deadlock, dead end, stalemate, standoff, standstill, halt
