Collegium to go ahead with appointment of judges: SC

Rejecting the Centre’s plea that the task for reforming collegium system should be left for the government, the Supreme Court on Thursday went ahead with the proceeding to explore ways to make the system more transparent and accountable and concluded the hearing. 

A five judge constitution bench of Justices J S Khehar, J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh K Goel clarified that the now revived collegium system can go ahead with the appointment process for judges in higher judiciary which has been in abeyance for almost one year after National Judicial Appointment Commission was brought in force and vacancies in High Courts shot up to 40 percent. 

The bench is likely to pass order suggesting measures to reform the system after the Centre refused to place draft Memorandum of Procedure(MoP) to be followed by collegium for appointment of judges incorporating the suggestions given by people from different walks of life on reforming the system. 

A day after the apex court asked Attorney General Mukul Rohatgi to draft MoP and place before it within 15 days, he told the bench it is exclusively a executive function done by government in consultation with Chief Justice of India and it cannot be subjected to “judicial vetting”.” 

“Memorandum is an executive document. There is no reason for court to see it what is there in MoP. Leave it for the government to frame it in consultation with CJI,” he said. 

“Suggestions are already there. The Court can also give its suggestion and the job of the court comes to an end. The government would work out on MoP. It is unnecessary burden being taken by the court. It is not possible that the draft prepared by government in consultation with CJI and approved by Prime Minister be vetted by court,” he said.