Collegium Says No To Widening Consultations For High Court Appointments

The Supreme Court collegium is learnt to have rejected a proposal of the government to widen the consultation process while selecting candidates for appointment as high court judges. The clause on widening the "zone of consultation" was part of the Memorandum of Procedure (MoP) the government had sent to the collegium last year. But in its recent response, the collegium headed by Chief Justice of India JS Khehar has said no to the clause.

The government wanted the MoP to state that sitting judges of the high court, senior lawyers and advocates general of the respective states will suggest names of candidate to the collegium for elevation to the bench. But the collegium was of the unanimous view that the authority of naming candidates should remain with the high court collegium and not go outside.

Since January last, the government and the apex court have been trying to finalise the MoP, a document to guide appointment of judges to the higher judiciary. There are two memorandums of procedure – one for the Supreme Court and the other for the 24 high courts.

While rejecting the National Judicial Appointments Commission Act, the Supreme Court had agreed to revise the memorandum of procedure to usher in more transparency in appointment of judges to the Supreme Court and high courts. The new law had sought to overturn the over two-decade-old collegium system where judges appoint judges.

It had sought a say for the executive in appointment of judges.

The national security clause and the secretariat clause are part of the draft MoP which has been shuttling between the government and the collegium since March 22, 2016.