The Supreme Court advisory board, headed by Chief Justice JS Khehar, has finally decided to reject the Central government’s plea on taking a call in judicial appointments. According to a report by CNN-News18, the bench of five senior judges in the Collegium have come to a consensus to dismiss the government’s attempt to get power to accept or reject any name recommended by Collegium to appoint judges in both Supreme Court and High Courts of the country. The report also states that the committee won’t let go of its authority to take a final decision on the appointments and also said that it is non-negotiable and refers directly to the freedom of judiciary.
A meeting held by judges had a conclusion that the Memorandum of Procedure (MoP) sent to the Union government was a final version and require no changes. The letter given to the government through the Secretary General of Court stated that the committee felt would not reconsider and revise its stand on the final MoP. Justices J Chelameswar and Ranjan Gogoi were also in agreement with this view.
CNN-News 18 further stated that in July the Central government lapped up a judgment by Chelameswar and Gogoi as an opportunity to seek a reappraisal of the third and the final MoP.
As the government and the judiciary tried to finalise the MoP, the Supreme Court in August 2016 observed that justice delivery system is ‘collapsing’ and in the wake of the same sent out a stern message to the Centre over non-execution of the Collegium’s decision to transfer and appoint chief justices and judges in high courts, saying it will not tolerate the “logjam” and intervene to make it accountable, a PTI report said.
As of now, all appointments of judges are made on the basis of recommendations made by the Collegium. This means even if the government has any objections, the committee has the power to take the final call.