Ping-pong over MoP: Govt proposes panel to shortlist names for judges' appointment
Satya Prakash
New Delhi, January 16
More than seven years after a Constitution Bench of the Supreme Court asked the Centre to finalise Memorandum of Procedure (MoP) in consultation with the Chief Justice of India through incorporation of additional appropriate measures to streamline the working of the “collegium system”, the issue continues to hang fire.
Now, the Centre has proposed setting up a ‘search-cum-evaluation committee’ to streamline the functioning of the Collegium system, sources said, adding the panel will shortlist and suggest names for appointment of judges to the Collegium which will take the final decision.
Law Minister Kiren Rijiju has written to CJI DY Chandrachud suggesting inclusion of a government nominee in the panel that will provide proper inputs on “suitable candidates” to the Collegium, they said. Such a panel would include a representative of the Centre and that of a state at the level of the Supreme Court and high court, respectively, they said, citing the January 6, 2023, letter of the Law Minister.
The setting up ‘search-cum-evaluation committee’ was intended to streamline judicial appointments without disturbing the Collegium system which has been in place for the last three decades, they said.
The Supreme Court Collegium includes the CJI and two senior-most judges for appointment of HC judges and the CJI plus four senior-most judges for appointment of SC judges, while the High Court Collegium consists of the Chief Justice plus two senior-most judges of the HC concerned.
While the ping-pong over MoP continued, the Centre and the Supreme Court indulged in slugfest on appointment of judges with Vice-President Jagdeep Dhankhar and Rijiju openly attacking the Collegium system of appointing judges.
A Bench led by Justice SK Kaul had asserted that “the Collegium system of appointment of judges is the law of the land and comments against it are not well taken”. It had suggested Attorney General R Venkataramani to advise the Government on the correct legal position on the issue.
Later, the Vice-President said, “I declined to entertain the Attorney General on this point. I cannot be a party to emasculate the powers of the Legislature.”
While striking down the 99th Constitutional Amendment and the National Judicial Appointments Commission (NJAC) Act, 2-14, a five-judge Constitution Bench had on October 16, 2015, decided to consider the incorporation of additional appropriate measures, if any, for an improved working of the “Collegium system”.
After considering the issue at length, it said on December 16, 2015, “The Government of India may finalise the existing Memorandum of Procedure by supplementing it in consultation with the Chief Justice of India. The Chief Justice of India will take a decision based on the unanimous view of the Collegium comprising the four senior-most puisne Judges of the Supreme Court.”
The Government and the CJI shall take into consideration factors such as eligibility criteria, transparency in the appointment process, establishment of a Secretariat for each High Court and the Supreme Court and prescribe its functions, duties and responsibilities; and an appropriate mechanism and procedure for dealing with complaints against anyone who is being considered for appointment as a Judge, it said.
It further noted that the MoP may provide for any other matter considered appropriate for ensuring transparency and accountability including interaction with the recommendee(s) by the Collegium of the Supreme Court, without sacrificing the confidentiality of the appointment process.
