Tainted judges can’t be on consumer panels: SC

Faced with allegations of corruption in a section of the judiciary, the Supreme Court has sought to pre-empt the inclusion of such judges in governance after retirement. It has ruled that retired judges of “doubtful integrity” cannot be allowed to head various statutory panels such as consumer disputes commissions.

It is the prerogative of the judiciary to decide on the appointments, the apex court said, and ruled that state governments cannot interfere in such matters.

The court made the observation while upholding the Madras High Court’s decision to quash the appointment of retired high court judge N Kannadasan as president of the Tamil Nadu State Consumer Disputes Commission.

His appointment was challenged in the high court on grounds that he was not confirmed as a permanent judge of the high court owing to his alleged “doubtful integrity”. The court subsequently termed the appointment “vitiated”.

The state government had picked Kannadasan to head the state consumer panel after the chief justice of the high court recommended three names.

The apex court held that the power to appoint presidents of state consumer commissions vests exclusively in the chief justices of the local high courts. If the states are given the choice, it would erode the primacy of the chief justice, it said. The court also ruled that the chief justice must forward only one name to head the consumer panel.

The policy of forwarding names to the state government defies section 16 of the Consumer Protection Act, which gives primacy to the chief justice and his collegium alone to make the appointment, which cannot be questioned by the state, the court said.