Swaraj, Gowda meet CJI to plug differences in judges’ appointment

Sources in the government said Swaraj, who headed the group of ministers which drafted the memorandum, and Gowda met Justice Thakur at his residence in the evening. 

The meeting comes at a time when the government decided to press ahead with the draft memorandum, despite objections raised by the Supreme Court Collegium on some of the key clauses.

After feedback from the CJI, the government will now draft its response to the objections raised by the Collegium.

On May 28, the Collegium had returned to the government the revised MoP – a document which guides 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. It had also asked the government to change certain other clauses. 

The clause on the right to reject a recommendation in 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 Supreme Court, if it reiterates the same.

 According to precedent, while the Executive drafts the MoP, both the government and the Judiciary have to agree on the provisions before it is operationalised and put in public domain. 

While the government and the Collegium are on the same page to have secretariats in high courts to process judicial appointments, the judiciary has opposed defining the role of the proposed secretariat.

 The revised MoP further provides that once the Centre has rejected a recommendation it will not be bound to reconsider it even after reiteration by the Collegium which has raised objections on this. 

The Collegium is also learnt to have sought ways to shorten the present time-line where it takes around three months to appoint a judge after a recommendation is made.