JOIN USThe Supreme Court on Tuesday said there will be no wholesale changes in the collegium system of appointing judges though the government called for making the process participatory and transparent.
A five-judge Constitution bench headed by Justice J S Khehar, however, invited suggestions on four issues relating to transparency, eligibility criteria, setting up a secretariat for collegium and complaint redressal mechanism for selecting judges in the high courts and the Supreme Court.
After invalidating the 99th Constitutional Amendment Act and the National Judicial Appointments Commission (NJAC) Act, the court began hearing counsel for improving the collegium system for appointment of judges.
During the hearing, the apex court said it would not allow any tinkering with the structure and other fundamental features of the collegium.
“It is not going to be a wholesale change. It has to be within the parameters set by the nine judges in 1990s. It is not going to be a change as big as it emerges out from the emails we have received or some of the reports appearing in the press. We will have to limit it,” the bench, also comprising Justices J Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh K Goel, said.
The court fixed the matter for hearing on Thursday and directed the counsel representing the Centre, state governments and others, favouring the NJAC, to prepare their suggestions by handing over the compilation to senior advocate Pinky Anand.
In his written note, Attorney General Mukul Rohatgi maintained that the government reserved the right to resort to remedies available under the law contending that “Parliament shall have the power to make any law, within the parameters of the Constitution, to govern the criteria and process for appointment of judges to the Supreme Court and high courts.”
The government sought role for the President and the prime minister in the appointment process, saying nominations for appointment as a Supreme Court judge may also be made by them.
It also said that the candidates should be allowed to make applications, and a committee of eminent citizens should provide their inputs. Besides, the government suggested for recording the proceeding in collegium in writing and putting well-defined criteria on websites and establishing a secretariat to process appointments.
Senior advocate Mahalakshmi Pavani, appearing for SC Women Lawyers Association, sought due representation for women contending there have been only six women judges appointed in the Supreme Court out of total 229 judges appointed from 1950 onwards.