Amid a raging debate on judicial appointments, the government today said it is drawing its power to supplement the present document to guide designating judges to the higher judiciary from a Supreme Court judgement which had stressed on bringing transparency and accountability in the process.
Referring to the revised draft of the memorandum of procedure (MoP), highly-placed sources in the Law Ministry today said the document is based on the “judicial directions” given by a Supreme Court bench.
As the Executive and the Judiciary seek to iron out differences on key clauses of the MoP, the sources pointed the December, 2015 apex court order on ways to improve the collegium system had said the system of appointing judges should be transparent, with accountability and should have a wider zone of consideration of candidates to be appointed to the bench.
Detailing the stand of the government, the sources said the Centre wants that names of candidates should come from all Supreme Court and high court judges. They explained that all judges of a particular high court should be at liberty to suggest names to the high court collegium, which will eventually take a call on whom to recommend for appointment.
Same should apply for the Supreme Court.
The Madhya Pradesh High Court is following the same principle, they said.
The government had on August 3, sent a revised draft of the MoP to the collegium, reiterating certain clauses on which the judiciary had objections.