Government firm on its rules for judges’ selection
The government has decided to confront the higher judiciary by sticking to its proposed Memorandum of Procedure (MoP) that will guide the Supreme Court collegium on the appointment of judges to the apex court and high courts, notwithstanding the top judiciary rejecting almost all major suggestions made by the Centre.
Background:
Chief Justice of India (CJI) T S Thakur had sent back the MoP recently with a point-by-point rejection of the Centre’s proposals. The government has referred the matter to attorney general (AG) Mukul Rohatgi and asked him to prepare a point-by-point rebuttal and give reasons why the collegium’s rejection is not acceptable.
The SC had, after striking down the National Judicial Appointments Commission (NJAC) Act last year, agreed on framing of the MoP by the Centre in consultation with the collegium.
Proposed contentious rules in MoC:
- Government’s right to reject a recommendation on concerns of national interest.
- Involvement of the AG in suggesting a list of suitable candidates.
- Names for judges’ appointments could be suggested by all judges of the bench as well as by the AG and the bar.
- The list of candidates brought before the collegium will first be vetted by a committee of two retired judges and an eminent person.
Presently, the government is bound to comply if the Supreme Court collegium chooses to override its disapproval of a person recommended for judicial appointment. If the government returns the candidate’s file to the collegium, and the latter reiterates its recommendation, the government has no choice but to comply.
Way ahead:
The government should send a response to the apex court as early as possible to avoid any further delay in filling vacancies in HCs. There are over 40% judges’ positions lying vacant in HCs.
