Collegium’s Appointment To Supreme Court Raises Questions
Discontent has grown within the legal community over the Supreme Court Collegium's latest appointments to the nation’s top court. The collegium appointed Justice Dinesh Maheshwari and Justice Sanjiv Khanna—a move that’s been questioned over lack of transparency.
Former Bombay High Court Judge BG Kolse Patil agreed. In a conversation with BloombergQuint, he said the decision to appoint new judges wasn't made on the basis of merit.
Collegium has already taken decision on 12th December, Chief Justice (Justice Ranjan Gogoi) was party to that and four other judges as well. Only one retires and you cancel that decision and you supersede that decision. That shows that merit was not considered. It is the duty of the Supreme Court to put in public domain what happened after that and why new judges are selected.BG Kolse Patil, Former Judge, Bombay High Court
The former Chief Justice of Uttarakhand High Court VK Gupta said that motives are being attributed to the collegium.
This is absolutely unprecedented, in the corridors of the bar motives are being attributed. People are gossiping that this decision has been actuated by extraneous considerations. The considerations are not of a very desirable nature. Why should motives be attributed to the SC collegium when people are saying that merit is being sacrificed for other factors.VK Gupta, Former Chief Justice, Uttarakhand High Court
The move has led to voices of dissent from across the legal fraternity. Retired Judge Kailash Gambhir wrote to the President, terming the appointments a "black day in history". Supreme Court Judge Sanjay Kaul wrote to Chief Justice of India Ranjan Gogoi, asking him to reconsider the collegium's decision.
The collegium led by Justice Gogoi, according to media reports, had in December last year recommended the elevation of Delhi High Court Chief Justice Rajendra Menon and Justice Pradeep Nandrajog to the Supreme Court. However, a month later, the collegium changed its recommendation.
In between, the collegium’s composition changed as Justice Madan B Lokur retired and the apex court went on its annual winter break.
When the collegium reconvened after the break it decided to take a fresh look at the recommendations.
Amid the controversy President Ram Nath Kovind has accepted the collegium's decision.
What the full discussion here: