Lawfully yours: By Retired Justice K Chandru | Collegium system yet to pass test of free judiciary, needs radical reform

CHENNAI: The recent issue of the central government stalling the appointment of certain names as judges despite the collegium recommending them repeatedly is perplexing. Even though the collegium method of selecting judges appears to be a conflict of interest, the BJP government at the Centre withholding selective names, while clearing others, in an obvious bias towards some of the names recommended, is far more dangerous. Is there any legal remedy by which the Centre can be made to adhere to the collegium’s recommendations in spirit instead of a pick and choose among the names referred?

– B Sivaraman, Mylapore

The recently retired Chief Justice of India, DY Chandrachud, has failed to prevail upon the executive government to appoint John Satyan to the Madras High Court and Saurav Kirpal to the Delhi High Court. This was despite the fact that the collegium reiterated their appointments after rejecting intelligence inputs. It has been two years since their names were recommended and during this course of time, many judges have been appointed. It is the biggest challenge to the collegium system of appointment. Contrast this with the speed at which an office-bearer of BJP’s women's wing was appointed on a fast track despite bringing her hate speeches against minorities to their attention. It is high time the system of appointment was seriously reviewed and a better one developed.

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Can't challenge one from buying multiple flats unless commercial purpose is proven

A commercial complex has been trying to edge out the residents of an apartment complex located next to it by acquiring the majority of the flats in an attempt to get more space for its business expansion. The complex has been employing all sorts of tricks to prompt the remaining residents to sell their properties. Recently, it has accommodated its staff, six in each of the acquired flats. This move has upped the water demand and choked the drains. Further, the safety and security of the residents are at stake as all and sundry gain entry into the apartments. Under the circumstances, please clarify how the residents can exercise their right to live.

– VS Jayaraman

There is no way you can resist the aggressive acquisition made by the commercial complex, buying off nearby flats for their staff accommodation. You can raise an objection only when the purpose of the flat acquisition is presumed to be the commercial purpose of investment. The best course is to sell your flat and move to a better place. Perhaps you can have a better bargain with that aggressive purchaser.