Collegium returns MoP; wants changes in certain clauses
New Delhi : In what could trigger a fresh round of confrontation between the Executive and the Judiciary, the Supreme Court collegium has questioned the government’s right to reject its recommendation on the ground of national interest.
The collegium on Saturday returned to the government the revised memorandum of procedure (MoP) – a document which guides appointment of judges to the Supreme Court and the 24 high courts – suggesting changes in certain clauses.
Highly-placed sources in the government said the collegium, headed by Chief Justice of India T S Thakur, has not rejected the MoP completely, but only “partially” by suggesting changes in some of the clauses. The clause on right to reject a recommendation on national interest is contrary to the current practice where government is bound to accept a recommendation by the collegium, comprising four senior-most judges of the Supreme Court and the CJI, if it reiterates the same.
The revised MoP further provides that once the Centre has rejected a recommendation it will not be bound to reconsider it even after reiteration by the collegium.
The other clause which the collegium is learnt to have objected to is that the Attorney General at the Centre and Advocates General in the states should have a say in recommending candidates for appointment and elevation of judges to the Supreme Court and high courts.
This clause gives the Centre as well as the state governments an indirect say in naming candidates for the post of SC or HC judges.
The government has now sought the opinion of the Attorney General on the “observations” made by the collegium.-PTI
