New Delhi: In order to ensure greater transparency in the selection process, the Supreme Court on Thursday sought suggestions from the public, as well as lawyers, the Bar Council of India and others to improve the Collegium system.
A five-judge Constitution Bench comprising Justices J.S. Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and A.K. Goel decided to enlarge the scope of the Collegium system adjudication after many lawyers said more time was needed to submit their suggestions. The bench on Thursday heard senior lawyers Fali S. Nariman, Ram Jethmalani, Arvind Datar, Anil Divan, attorney-general Mukul Rohatgi, ASG Pinky Anand, Gopal Subramanium and a host of other top advocates.
Considering that over 400 vacancies in high courts have to be filled up as the entire process has come to a standstill, the bench said the matter will be heard again November 18 and 19, when one can expect a final decision.
The bench, that had on Tuesday already framed four key areas — transparency, eligibility criterion, mechanism to deal with complaints against candidates and the need for a separate secretariat for the collegium — took note of the attorney-general’s submission that all suggestions so far complied by senior counsel Arvind P. Datar and ASG Pinky Anand from the 60-odd representations received would be posted on the law and justice ministry website.
Calling it a welcome move, the bench invited greater public participation and gave time till 5 pm November 13 for posting suggestions.
Justice Khehar reiterated the suggestions would have to be within the framework of the parameters evolved by two nine-judge benches in 1993 and 1998.
When a lawyer wanted the court to consider ways and means for removal of a judge, Justice Kurian Joseph told the counsel the scope of the present exercise was limited to only selection of judges.
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