SC asks Centre to prepare MoP on appointment of judges

The collegium system of judges appointing judges now stands revived after a five- judge constitution bench recently struck down the Centre's legislation

Coming out with a slew of guidelines to improve the collegium system of the appointment of judges, the Supreme Court today said that the views of the Centre and States should be taken into account, and asked the government to prepare a memorandum of procedure (MOP) in consultation with the Chief Justice of India to enable transparency.

A five-judge constitution bench headed by Justice J S Khehar asked the Centre to take into consideration suggestions on the issues of eligibility, transparency, setting up Secretariat for the appointment of judges, redressal of complaints and other issues in the MOP on appointment of judges.

The bench said the MOP on the appointment of judges at a higher judicial level should be finalised with consultation of the Chief Justice of India (CJI), who will take decisions in consultation with complete unanimity of the collegium consisting of four puny (senior) judges.

While dealing with the eligibility criteria, the judges of high courts and Supreme Court, (the bench also comprising justices J Chelameswar, M B Lokur, Kurian Joseph and A K Goel), said that the MOP should take note of describing the minimum age which will act as guidance to the collegium, and the views of state governments and the Centre should also be taken into account.

Emphasising that transparency is the most important aspect in the selection and appointment of judges, the bench said it should be reflected in the proceedings for the appointment and every aspect related to it should be on the website of the Ministry of Law and Justice and the concerned high court and Supreme Court.

The bench said that the minutes of discussions and consultations should be recorded, including that of dissent, if any, but the transparency has to be balanced with the requirement of confidentiality.

The MOP should also consider establishing Secretariat for each High Court and the Supreme Court in interest of better management and functioning of the collegium for appointing judges, the bench said.

It also said the MOP should contain anappropriate complaint mechanism.

While concluding the order, the bench said these guidelines are broad suggestions in view of the submissions made before it.

The court passed the order after noting the submission of AG Mukul Rohatgi, that the Centre would finalise the MOP in consultation with the CJI.

The collegium system of judges appointing judges, which had come into being in 1993 now stands revived after a five- judge constitution bench recently struck down the Centre's legislation, the National Judicial Appointments Commission (NJAC) Act and enabling the 99th Constitutional amendment.

The Constitution bench headed by Justice J S Khehar had reserved its order on November 19th after hearing suggestions by various lawyers, bar bodies and associations on improving the collegium system.

The Centre had expressed its inability to formulate the draft MOP.The Centre's response had come based on the court's direction, entrusting the government with the task of framing a draft MOP after considering all suggestions on the issue.

A lot of lawyers had given suggestions ranging from quota for OBC, SC and ST and minorities on the ground that if other sectors are open for them then the judiciary is not "sacrosanct".