Govt to cite SC orders to rebut objections raised by Collegium
29 Jun 2016 5:50 AM IST
The government has decided to use Supreme Court (SC) judgements to rebut the objections of the Collegium on the draft memorandum of procedure (MoP) on the appointment of judges, including the one on the 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,” said a top government functionary on Tuesday.
On May 28, the Collegium had returned to the government the revised MoP – a document that guides the 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 SC reiterates a recommendation on appointment, the 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 said.
When asked about the government’s stand on the Collegium’s move to reject certain key clauses of the MoP, Law Minister DV Sadananda Gowda refused to comment, saying the matter was still under consideration.
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 the government is bound to accept a recommendation by the Collegium, comprising the CJI and four senior-most judges of the SC, 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.
Next Story
