The Supreme Court is likely to pronounce the verdict on bringing transparency in the collegium system of appointing judges in higher judiciary on December 16. The collegium system of judges appointing judges, which had come into being in 1993 and now stands revived after a five-judge constitution bench recently struck down Centre’s legislation, the National Judicial Appointments Commission (NJAC) Act and enabling 99th Constitutional amendment.
The Constitution bench headed by Justice J S Khehar had reserved its order on November 19 after hearing suggestions by various lawyers, bar bodies and associations on improving the collegium system. The bench, also comprising justices J Chelameswar, M B Lokur, Kurian Joseph and A K Goel, had reserved its verdict after hearing arguments as it had, in an unprecedented move, invited suggestions from all those who desired to improve the “collegium system” of judicial appointments.
During the hearing, the Centre had expressed inability before the apex court in formulating the draft Memorandum of Procedure (MOP) for appointment of judges in the higher judiciary. The Centre’s response had come on court’s direction, entrusting the government with the task of framing a draft MOP after considering all suggestions on the issue.
The bench, while reserved its judgement, had made clear that the “process of appointment of judges through the collegium system shall not be put on hold.” However, new Chief Justice T S Thakur has recently said that instead of going ahead with the appointments, he would like to see the judgement of the constitution bench.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)