A nine-judge constitution bench of the Supreme Court yesterday began hearing in the presidential reference questioning the mode of appointment of judges of High Courts and the Supreme Court.
Attorney-General Soli Sorabjee concluded his submissions. Senior counsel K Parasaran began his arguments on behalf of Supreme Court lawyers.
According to the Attorney-General, the President was not bound by recommendations of the Chief Justice of India on judges' appointments made without following the consultation process as laid down by the court in 1993.
He told the bench presided over by Justice S P Bharucha that all earlier judgements of the apex court on the subject had envisaged wider consultation between the Chief Justice and senior judges.
Sorabjee said the Centre through the presidential reference, "is seeking in public interest to clarify certain doubts that have risen and not seeking review or reconsideration of the norms and guidelines laid down in 1993".
He said there was a need to eliminate any arbitrariness and ensure appointment of judges with integrity and ability.
Sorabjee said although primacy in appointments had been given to the Chief Justice, there could not be any absolute powers in any sphere of constitutional activity.
