New Delhi, December 31
The government has rejected a proposal for transparency in the appointment of judges, stating it would come in the way of “dispassionate consideration” of the names.
“So far as making the appointment process transparent is concerned, it is the view of the department of justice that public disclosure of names of candidates during the appointment process may be an impediment in the dispassionate consideration of the names,” the government has informed the Parliamentary Standing Committee.
The department has also refused to accept a suggestion for disclosing details of the deliberations between the Chief Justice of India, the Law Minister and the Prime Minister for the appointment of judges. The consultations between them “are in the nature of advice tendered by the Cabinet to the President and hence, being privileged, cannot be disclosed,” it explained.
Also, the Law Ministry has also made it clear that at present the government had no proposal for bringing any change in the system of appointment of judges. The existing system was in pursuance of the Supreme Court judgment on October 6, 1993 read with the advisory opinion of October 28, 1998.
Any change in the present system would require amendment of the Constitution or a review of their judgment by a larger bench of the SC, the MPs' panel was informed.
The panel, however, did not accept the government stand and has insisted on a review of the collegium system that “has failed.” It pointed out that the law commission had endorsed its views. The committee strongly feels this is the time the government should take initiative. “The committee therefore hopes that government will now give due consideration to its recommendations to save the judiciary by strengthening transparency and accountability,” it further said.
