The memorandum, a document which guides the appointment of SC and HC judges, was revised after a Supreme Court bench asked the government to rewrite it in a bid to make the collegium system more transparent.
The memorandum was sent to Chief Justice of India T S Thakur by law Minister D V sadananda Gowda in March.
Now, the SC collegium, after going into the document is learnt to have objected to at least two clauses.
The 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.
This is contrary to the current practice where government is bound to accept a recommendation by the collegium, comprising four senior-most judges of the Supreme Court and the CJI, if it reiterates the same.
The other clause which the collegium is learnt to have objected to is that the Attorney General at the Centre and Advocates General in the states should have a say in recommending candidates for appointment and elevation of judges of the Supreme Court and high courts.
You’ve reached your limit of {{free_limit}} free articles this month.
Subscribe now for unlimited access.
Already subscribed? Log in
Subscribe to read the full story →
Smart Quarterly
₹900
3 Months
₹300/Month
Smart Essential
₹2,700
1 Year
₹225/Month
Super Saver
₹3,900
2 Years
₹162/Month
Renews automatically, cancel anytime
Here’s what’s included in our digital subscription plans
Exclusive premium stories online
Over 30 premium stories daily, handpicked by our editors


Complimentary Access to The New York Times
News, Games, Cooking, Audio, Wirecutter & The Athletic
Business Standard Epaper
Digital replica of our daily newspaper — with options to read, save, and share


Curated Newsletters
Insights on markets, finance, politics, tech, and more delivered to your inbox
Market Analysis & Investment Insights
In-depth market analysis & insights with access to The Smart Investor


Archives
Repository of articles and publications dating back to 1997
Ad-free Reading
Uninterrupted reading experience with no advertisements


Seamless Access Across All Devices
Access Business Standard across devices — mobile, tablet, or PC, via web or app
