New Delhi: Chief Justice of India T.S. Thakur is understood to have rejected the Centre’s proposal in the Memorandum of Procedure on appointment of judges, reserving its right to reject candidate recommended for appointment as judge on grounds of “national security”.
Earlier, the Centre had the right to return a name back to the collegium for recommendation for elevation as apex court judge or initial appointment as HC judge. But if the collegium reiterates the same, the Centre is bound to accept it.
In the revised MoP, prepared by the Centre pursuant to the apex court quashing the law on National Judicial Appointments Commission, the Centre said it can reject any name on grounds of national security.
MoP issue: Chief justice had other reservations too
While refusing to accept this controversial cause, the SC has expressed reservations and turned down the proposal which would give the executive absolute say on any appointment.
Other clauses which were contentious, were a clause which made it mandatory for the apex court to share any dissenting note made by a member of collegium against any candidate with the government.
The CJI and the companion of judges also did not accept the government suggestion to allow the AG to suggest names to be appointed as judges for the Supreme Court and State Advocate-General to suggest names to be appointed as High Court judge.
Another suggestion in the revised MoP which did not find favour, is the one which says that always there must be a minimum of three members from the bar in the bench at any given point of time. Sources said this clause cannot be mandatory as some times the representation could well go beyond three.
Recently, CJI T.S. Thakur went emotional at a meeting in which Prime Minister Narendra Modi participated, when he said that recommendations for judges appointments were pending with the government.
The Centre did not process the names on the ground that the MoP was yet to be finalised. As a result, vacancies in the High Courts had piled up. With the Supreme Court returning the MoP, it is now up to the Centre to finalise and notify the MoP which will govern judicial appointments.
