Centre seeks govt representation in SC collegium, say sources

The MoP is a document that sets out the procedure for the appointment of judges to High Courts and the Supreme Court.

The development came amid an ongoing debate over appointments to the higher judiciary and the scrapping of the NJAC Act. While the government has questioned the current Collegium system, the Supreme Court has been defending it. The NJAC Act sought to overturn the collegium system of appointing Supreme Court and high court judges. The Supreme Court struck down the Act in 2015, describing it as unconstitutional.

Earlier, Vice-President Jagdeep Dhankhar had criticised the scrapping of the NJAC Act and also questioned the landmark 1973 Kesavananda Bharati case verdict, saying it set a wrong precedent and that he disagrees with the Supreme Court ruling that Parliament can amend the Constitution but not its basic structure, PTI reported.

Days after this, former law minister Kapil Sibal accused the government of attempting to "capture" the judiciary and said it was trying its best to create a situation in which the NJAC in "another avatar" may be tested in the Supreme Court once again.

Even Law Minister Kiren Rijiju has made some critical comments against the judiciary and the collegium system. He had said last year that the collegium system is "alien" to the Constitution. "The Supreme Court, in its wisdom, through a court ruling, created collegium," he said noting that before 1991 all judges were appointed by the government.

"Anything which is alien to the Constitution merely because of the decision taken by the courts or some judges, how do you expect that the decision will be backed by the country," he had said. Calling it "alien", he had asked: "You tell me under which provision the collegium system has been prescribed."

He also emphasised the "loopholes in the collegium system" and said "people are raising voices" that the system is not transparent. "Also there is no accountability," he added. He said one should never say the government is sitting on files.

Last week, the Supreme Court Collegium recommended the names of nine judges for an appointment at five high courts, reiterating their decision to appoint advocate Nagendra Ramachandra Naik as a judge of the Karnataka High Court for the third time.

The Supreme Court had earlier pulled up the Center for the delay in processing names recommended by the Collegium for appointment as judges. The Centre had then assured that the government would adhere to the timeline.

As per the present Collegium system, the Chief Justice of India (CJI), along with four senior-most Supreme Court judges, recommend the appointments and transfers of judges. Chief Justice Chandrachud and Justices Sanjay Kishan Kaul, KM Joseph, MR Shah, Ajay Rastogi and Sanjiv Khanna are among the current collegium of the Supreme Court.