‘Judges’ postings function of executive’ Par panel

New Delhi, December 8

Amid tussle between the government and the Supreme Court over judicial appointments, a parliamentary committee today said appointment of judges to the higher judiciary is essentially the function of executive. It asked the government to take appropriate steps to reverse the "distortions" in the original mandate of the Constitution.

The Parliamentary Standing Committee on Law and Personnel said the "distortions" in the original mandate of the Constitution have arisen out of various Supreme Court orders that gave birth to the Collegium system.

The report comes a little over a year after the Supreme Court struck down the National Judicial Appointments Commission Act that had sought to scrap the collegium system of judges appointing judges.

It also said that instead of five, a minimum of 11 judges of the Supreme Court should hear cases involving the validity of a Constitutional amendment.

It also recommended cases involving interpretation of Constitution should not be heard by a Bench of less than seven judges.

Over the course of hearing on three cases, the Supreme Court has evolved the principle of judicial independence to mean that no other branch of the state, including the legislature and the executive, would have a major say in the appointment of judges.

The court then created the Collegium system, which has been in use since the judgment in the Second Judges Case was delivered in 1993. — PTI