As the SC, Centre play ping-pong over MoP, it is time for the Collegium to step up
In law, the government has no primacy in the appointment of judges yet it has succeeded on multiple occasions to frustrate the recommendations of the collegium. It appears, though, that what the government really wants is primacy — not just a consultative role — in the appointment of judges.
Published on: 18 January 2023, 12:10 pm
In law, the government has no primacy in the appointment of judges yet it has succeeded on multiple occasions to frustrate the recommendations of the collegium. It appears, though, that what the government really wants is primacy — not just a consultative role — in the appointment of judges.
—–
ON the morning of January 16, a national daily headline read rather alarmingly: "Govt writes to CJI, wants its representatives on Supreme Court Collegium". This left everybody perplexed because the existing law on the appointment of judges to high courts and the Supreme Court does not allow government representation in the collegium.
Union Law Minister Kiren Rijiju was quick to clarify on Twitter that his letter was merely a follow-up to the directions of the Supreme Court when, while striking down the National Judicial Appointment Commission (NJAC) Act in 2015, it directed that the Memorandum of Procedure (MoP) of the Collegium be restructured. "How can a govt's nominee be part of the collegium?" the Minister wondered in his clarificatory tweet.
"Some people make comments without knowing the facts! The Constitution Bench of hon'ble SC itself had asked to restructure the MoP. Search-cum-Evaluation committee is envisaged for preparation of the panel of eligible candidates," the minister added.