Make collegium system more transparent: Govt tells SC

The Government on Tuesday told the Supreme Court that collegium to select judges should not act without recording reasons why a particular individual was appointed. During a hearing the Government also stated that there should be prescribed criteria in the public domain on appointment 

of judges. 

The Government contended that there must be minimum eligibility criteria for appointment as a judge in addition to the nominations made by the chief justice of high court.

Applications should also be invited for appointment as High Court judges and names of people who are being considered for appointment as judges should be made public. The apex court was hearing suggestions from different stake holders to improve the collegium system.

The court on Tuesday heard suggestions put forth by Attorney General Mukul Rohatgi, Solicitor General Ranjit Kumar and senior advocates including KK Venugopal, who had argued against the collegium system during the hearing of the matter relating to National Judicial Appointments Commission (NJAC) Act which was held unconstitutional by the apex court on October 16. 

The bench, also comprising justices J Chelameswar, M B Lokur, Kurian Joseph and A K Goel, posted the matter for further hearing on Thursday.

Senior advocates Fali S Nariman, Anil Divan, Rajeev Dhavan and Arvind Datar among others, who had successfully argued against the NJAC Act, also gave their suggestions, saying there was a need for greater transparency in the appointment of judges for the higher judiciary through the collegium system. 

After hearing the matter for two hours, a five-judge Constitution bench, headed by Justice J S Khehar, asked the parties to file written submissions by compiling the suggestions on transparency, eligibility, establishment of secretariat and evolving a mechanism for complaints redressal by the collegium.