Collegium returns MoP on judges’ appointment

New Delhi, May 30

In what could trigger a fresh round of confrontation between the executive and the judiciary, the Supreme Court collegium has questioned the government’s right to reject its recommendation on the ground of national interest.

The collegium on Saturday returned to the government the revised memorandum of procedure (MoP) — a document that guides appointment of judges to the Supreme Court and the 24 high courts — suggesting changes in certain clauses.

Sources in the government said the collegium, headed by Chief Justice TS Thakur, has not rejected the MoP completely, but only “partially” by suggesting changes in some of the clauses. The clause on right to reject a recommendation on national interest is contrary to the current practice where the government is bound to accept a recommendation by the collegium, comprising four senior-most judges of the Supreme Court and the CJI, if it reiterates the same.

The government has now sought the opinion of the Attorney General on the “observations” made by the collegium. — PTI