In the ongoing tussle with the judiciary on appointment of judges, the government relied upon the Constitution bench’s decision of the Supreme Court to assert its “effective” role in the selection of candidates.
Though the five-judge bench had quashed the National Judicial Appointment Commission Act, three judges had seen a major role by the government in judges appointment. The bench subsequently had fastened the government with the task of finalising a fresh Memorandum of Procedure (MoP) for appointment of judges in consultation with the Chief Justice of India (CJI).
Following the strong observation by CJI Justice T S Thakur over pending proposal for appointment of about 75 high court judges, sources maintained the process got held up earlier due to pendency of the challenge to the National Judicial Appointment Commission Act, that sought to replace the Collegium system.
In an attempt to allay apprehensions, they maintained that even the Collegium headed by the CJI and comprising four seniormost Supreme Court judges, had to adhere to the directions issued by the Constitution bench in December 2015.
The said judgement directing the Union government to prepare the MoP had allowed it to bring in measures for the increased transparency and accountability in the appointment process.
The court had then favoured making public the eligibility criteria for judges and providing for a complaint redressal mechanism against the aspirants.
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