Supreme Court ‘against greater say for government’ in judges appointment

Indications are that the Collegium headed by Chief Justice of India (CJI) TS Thakur and comprising four senior judges continues to have reservations over the contentious clauses in the revised draft MoP handed over to it by the Law Ministry on August 3. This would mean the finalisation of the document will be delayed further. The Collegium is likely to meet in the coming days to take a call on the revised draft. 

CJI Thakur had rejected the government’s move to put in place a committee of retired judges to evaluate the applications of candidates before those are forwarded to the collegium to decide whether to recommend their names for elevation or appointment as judges. Justice Thakur had expressed his reservations over the clause in the revised draft MoP when External Affairs Minister Sushma Swaraj, who headed the Group of Ministers which drafted the document, and then Law Minister DV Sadananda Gowda met him in the last week of June.

But now the government is insisting that such a committee be set up citing an apex court judgement. But, at the same time, it has said that the CJI and the Collegium can decide on whom to include in such a system. In the revised draft, the government has reiterated that it should have the power to reject any name recommended by the Collegium on grounds of “national security” and “public interest”. In May, the Collegium had unanimously rejected the clause saying it amounted to interference in the functioning of the judiciary. 

As the government and the judiciary try to finalise the MoP, the Supreme Court on Friday observed that justice delivery system is “collapsing” and sent out a stern message to the Centre over non-execution of the Collegium’s decision to transfer and appoint chief justices and judges in high courts, saying it will not tolerate the “logjam” and intervene to make it accountable.