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Govt likely to incorporate ‘dissent’ clause in collegium MoP

Any dissent note to a recommendation of the collegium to appoint or elevate a judge should be mandatorily shared with the Executive.

This is one of the points government is likely to put when it finalises the draft Memorandum of Procedure (MoP) to guide the appointment of judges to the Supreme Court and the high court, amid calls to make the system of appointment of members to the higher judiciary more transparent.

The Chief Justice of India and members of the collegium will take a final call on the draft MoP. The government will hand over the final draft of the MoP to the CJI in the coming days.

“If one of the members of the collegium gives a dissent, it should be attached along with the recommendation of the collegium so that the President, who appoints judges, is aware of it,” a senior government functionary explained.
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