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SC collegium objects to two clauses in revised MoP

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Press Trust of India New Delhi
The Supreme Court collegium is learnt to have red flagged at least two issues in the revised memorandum of procedure including the one relating to government's right to reject a recommendation on concerns of national interest.

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.
 

According to one of the clauses, the collegium's recommendation can be rejected by the government if it feels the appointment is not in the overall interest of the country.

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.

Sources said while the draft of the memorandum of procedure is still with the SC collegium, the objections have been conveyed to the government.

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First Published: May 04 2016 | 11:02 PM IST

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