Collegium 'okays' security clause

Decision paves way for appointment of judges

Collegium 'okays' security clause

The Chief Justice of India-led Collegium is learnt to have cleared the contentious national security clause in the Memorandum of Procedure (MoP) which could be used for rejecting nominations of judges to the Supreme Court and the high courts.

The Centre has insisted for such a clause to enable it to raise objections to the candidates, nominated by the Collegium, that also comprised four seniormost judges.

Last month, the apex court had indicated that it may come out with the MoP for appointment of judges for higher judiciary very soon.

The issue of MoP has been a bone of contention between the apex court and the government as both have differences over key points, including on national security clause and setting up a secretariat.

In the process of finalisation of draft MoP, the government had relied upon the Constitution bench’s decision to assert its “effective” role in the selection of candidates.

Though the five-judge bench had quashed the National Judicial Appointment Commission Act in October, 2015, three judges had seen a major role by the government in judges’ appointment.

The bench subsequently tasked the government with finalising a fresh MoP for appointment of judges in consultation with the Chief Justice of India. The Centre sought to bring in measures for increased transparency and accountability in the appointment process.
 

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