SC collegium objects to clauses giving govt right to reject recommendation of judges
NB: The efforts of the RSS/BJP to alter the basic structure of the constitution continue unabated after the rejection of their NJAC scheme. Why should the government of the day decide that an appointment of a judge is against the 'national interest'? By now it is clear that the ruling dispensation has a selfish and communalised idea of the national interest. How can they presume to impose their ideas upon the highest court in the land? This court was deliberately kept separate from the flux of public opinion by India's constitution makers to ensure that its function as guardian of the basic structure of the constitution would be impervious to ideological considerations. Some of the negative comments beneath the news article show that their authors are unaware of the basic distinction between the government of the day and the State - i.e. the Indian Union. The Sangh Parivar is applying its tried and tested methods of attaining its political aims via subterfuge and misuse of political power. Citizens including paid officials of the state should remain alert and we may thank the SC Collegium for objecting to this clause. DS
The Supreme Court
collegium which examined the revised Memorandum of Procedure regarding
appointment of judges to the apex court and the high courts, is learnt to have
objected to a clause in which the government reserves the right to reject a
recommendation on concerns of national interest.
The clause is contrary
to the current practice where government is bound to accept a recommendation by
the collegium, which comprises four senior-most judges of the Supreme Court and
the CJI, if it reiterates it. The memorandum, a
document which guides the appointment of SC and HC judges, was revised after a
Supreme Court bench asked the government to rewrite it in a bid to make the
collegium system more transparent.
The memorandum was sent to Chief Justice of
India T S Thakur by law Minister D V Sadananda Gowda in March. Now, the SC
collegium headed by the CJI, after going into the document is learnt to have
objected to at least two clauses. According to one of the clauses, the
collegium’s recommendation can be rejected by the government if it feels the
appointment is not in the overall interest of the country.
The MoP also says once the Centre has
rejected a recommendation it will not be bound to reconsider it even after
reiteration by the collegium. The other clause which the collegium is learnt to
have objected to is that the Attorney General at the Centre and Advocates
General in the states should have a say in recommending candidates for
appointment and elevation of judges to the Supreme Court and high courts. This
clause gives the Centre as well as the state governments an indirect say in
naming candidates for the post of SC or HC judge. Sources said while the draft
of the memorandum of procedure is still with the SC collegium, the objections
have been conveyed to the government.
Addressing a press conference on April 24
after the joint conference of chief justices and chief ministers here, the CJI
had said the core of the document, based on a Supreme Court judgment, will
remain “unaltered” that the collegium will make a recommendation. “Things like
the number of judgments a candidate has delivered are contributory in nature,”
he had said.
see also
Public Appeal - Resist degradation of Indian criminal justice system
Smruti Koppikar - Maharashtra CM has no will to pursue my father’s murder
Petition in Supreme Court Accuses NIA of Soft-Pedaling Hindutva Terror Cases
After Malegaon, Ajmer Blast Case Faces Allegations of Sabotage // Witnesses turn hostile in Samjhauta case
Smruti Koppikar - Maharashtra CM has no will to pursue my father’s murder
Petition in Supreme Court Accuses NIA of Soft-Pedaling Hindutva Terror Cases
After Malegaon, Ajmer Blast Case Faces Allegations of Sabotage // Witnesses turn hostile in Samjhauta case
"The masterminds of the 26/11 attacks are treated like heroes in Pakistan. We are not there yet, but if hidden hands nudge the judicial system to free murderers of the saffron variety, we will be soon"
The Assassination of Mahatma Gandhi: Inquiry Commission Report (1969)
The Abolition of truth
RSS tradition of manufacturing facts to suit their ideology
The Abolition of truth
RSS tradition of manufacturing facts to suit their ideology
RSS Declared Unlawful: Text of GOI communique February 4, 1948
The law of killing: a brief history of Indian fascism
The law of killing: a brief history of Indian fascism
