Will cite SC judgements to rebut objections raised by collegium on the draft MoP
New Delhi : The government has decided to use Supreme Court judgements to rebut the objections of the collegium on the draft memorandum of procedure (MoP) on appointment of judges, including the one on right to reject a recommendation on grounds of national interest. “All our arguments will be based on the judgements delivered by the Supreme Court in 1993, 1998 and 2015 on the issue of collegium system,” a top government functionary said on Tuesday.
On May 28, the collegium had returned to the government the revised MoP — a document which guides appointment of judges to the Supreme Court and the 24 high courts — suggesting changes in certain clauses. It had questioned the government’s right to reject its recommendation on grounds of national interest. He said once the Supreme Court reiterates a recommendation on appointment, government clears the file based on “courtesy”. “We clear such cases due to courtesy. It is not as if the SC has ordered us to do so. And this has been made clear in its judgements based on which the collegium system came into being,” he explained. When asked about the government’s stand on the collegium’s move to reject certain key clauses of the MoP, Law Minister D V Sadananda Gowda refused to comment, saying the matter is still under consideration, reports PTI.
On the issue of rejecting an appointment on the grounds of national interest, he said, “national interest has to be safeguarded by the government.”
Refusing to elaborate, he said, “the matter is still under consideration. How can I say anything now.” 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 the CJI and four senior-most judges of the Supreme Court, if it reiterates the same.
The aim of revising the MoP was to bring in more transparency in judicial appointments and the government believes that the revised draft is a step in that direction, the functionary said. According to precedent, while the Executive drafts the MoP, both the government and the Judiciary have to agree on the provisions before it is operationalised and put in public domain.
While the government and the collegium are on the same page to have secretariats in high courts to process judicial appointments, the judiciary has opposed defining the role of the proposed secretariat. “But that is part of their order on ways to improve the collegium system. We are not doing anything outside what the SC has said in the order,” the functionary said.
