Let President, Prime Minister, Attorney General suggest judges to Supreme Court collegium: Government

NEW DELHI: The Modi government has suggested to the Supreme Court that the President, prime minister and attorney general should have the power to suggest names to the collegium for appointment as judges to the top court as a way of improving the system’s functioning, while not ruling out the option of bringing in a law to give the executive a say over the entire process.

The top court had in a 4:1 decision struck down the government’s move to create a National Judicial Appointments Commission (NJAC) with part representation from the government and civil society to replace the collegium system of judges selecting judges. While the court said the NJAC would hurt judicial independence which was a part of the basic structure of the Constitution, it sought suggestions to make the collegium process more transparent and accountable.

The Modi government’s suggestion to the court has come by way of the AG’s submissions in the case, which would come up again for hearing on Wednesday.

While retaining the option of coming in with a fresh law to give the executive a say over the appointments, the government suggested that the process could be broadbased by seeking names from the governor, chief minister and the state advocate general in case of appointments to a high court.

Under the existing collegium system, only the judges who are part of the collegium (the Chief Justice of India and four other senior judges in SC, and four judges including the state chief justice at high courts) can suggest names.

Suggestions have been made that other judges should also be allowed to suggest names. The government has suggested that this be further broad-based to include names of persons suggested by the President, PM and the AG at the pre-appointment stage.

The government also suggested that a broad-based oversight committee, including eminent citizens, be set up and to whom all nominations or shortlisted applications be forwarded mandatorily for inputs, which would be made available to both the President and the Chief Justice of India. Their inputs must be accorded significant weight, the submission said. The court will examine all the suggestions made so far on Wednesday.