SC turned down Govt’s suggestion for organising committee to help SC & HC collegium: Kiren Rijiju 

Express News Service

NEW DELHI: Union Law Minister Kiren Rijiju on Thursday stated that though the federal government had advised organising of a Screening cum Evaluation Committee (SEC) at SC and HC ranges to help the SC & HCs Collegiums, the identical was shot down by the SC judges. 

The structure of the proposed committee, which SC didn’t agree needed to be tasked with the work of screening and evaluating related materials on the suitability of the potential candidates and act as a facilitator. 

Responding to a query posed by MP Shri Ram Nath Thakur whether or not the federal government is heading in direction of appointing its consultant within the means of appointment of judges and is contemplating organising an impartial regulator like Union Public Service Commission (UPSC) in Rajya Sabha, the minister within the response stated, “In its consultations with the Supreme Court Collegium, the government has made suggestions in line with the Supreme Court Order dated in WP(C) 13 of 2015, including the need for a Screening cum Evaluation Committee at the Supreme Court and High Court levels to assist the Collegiums of Supreme Court and High Courts respectively. It was proposed that the Committees may screen and evaluate relevant material on the suitability of the prospective candidates and would act as a facilitator. The decision to make recommendations will continue to be exercised by the respective Collegiums of the Supreme Court and High Courts. However, the Supreme Court did not agree to set up such Committees.”

Clarifying that the federal government by no means advised for inclusion of its nominee within the collegium for the appointment of judges, Law Minister stated that the federal government on January 6, 2023, had nevertheless really helpful for inclusion of a authorities nominee in Search-cum-Evaluation Committee in respect of the appointment of judges within the Supreme Court and Chief Justices of High Courts. The Law Minister stated that this may pave the way in which for a extra clear, accountable and expeditious mechanism for the appointment of judges to the Constitutional Courts.

The Law Minister additional stated that it advised for inclusion of a consultant nominated by the Government of India and a consultant of State Government(s) below the jurisdiction of the High Court as nominated by the Chief Minister(s) within the Committee for appointing HC judges. 

“It has been proposed that for appointment and transfer of Chief Justices and Judges of High Courts, the names recommended by the Chief Minister can be received by the Search-cum-Evaluation Committee along with the names taken from senior Judges outside the Collegium and eligible candidates taken from the database (Judicial Officers and Advocates) as maintained by the proposed Secretariat. The High Court Collegium may deliberate upon a panel of names drawn up by the Search-cum-Evaluation Committee and recommend the names of the most suitable candidates for appointment of Judges in the Supreme Court, Chief Justices and Judges High Courts. The Collegium at an appropriate level may address the above requirements of drawing up a panel of eligible candidates from aforementioned sources and draw up their proceedings by rendering requisite reasons and thereafter send the proposal to the government with relevant documents,” the reply additionally stated. 

NEW DELHI: Union Law Minister Kiren Rijiju on Thursday stated that though the federal government had advised organising of a Screening cum Evaluation Committee (SEC) at SC and HC ranges to help the SC & HCs Collegiums, the identical was shot down by the SC judges. 

The structure of the proposed committee, which SC didn’t agree needed to be tasked with the work of screening and evaluating related materials on the suitability of the potential candidates and act as a facilitator. 

Responding to a query posed by MP Shri Ram Nath Thakur whether or not the federal government is heading in direction of appointing its consultant within the means of appointment of judges and is contemplating organising an impartial regulator like Union Public Service Commission (UPSC) in Rajya Sabha, the minister within the response stated, “In its consultations with the Supreme Court Collegium, the government has made suggestions in line with the Supreme Court Order dated in WP(C) 13 of 2015, including the need for a Screening cum Evaluation Committee at the Supreme Court and High Court levels to assist the Collegiums of Supreme Court and High Courts respectively. It was proposed that the Committees may screen and evaluate relevant material on the suitability of the prospective candidates and would act as a facilitator. The decision to make recommendations will continue to be exercised by the respective Collegiums of the Supreme Court and High Courts. However, the Supreme Court did not agree to set up such Committees.”

Clarifying that the federal government by no means advised for inclusion of its nominee within the collegium for the appointment of judges, Law Minister stated that the federal government on January 6, 2023, had nevertheless really helpful for inclusion of a authorities nominee in Search-cum-Evaluation Committee in respect of the appointment of judges within the Supreme Court and Chief Justices of High Courts. The Law Minister stated that this may pave the way in which for a extra clear, accountable and expeditious mechanism for the appointment of judges to the Constitutional Courts.

The Law Minister additional stated that it advised for inclusion of a consultant nominated by the Government of India and a consultant of State Government(s) below the jurisdiction of the High Court as nominated by the Chief Minister(s) within the Committee for appointing HC judges. 

“It has been proposed that for appointment and transfer of Chief Justices and Judges of High Courts, the names recommended by the Chief Minister can be received by the Search-cum-Evaluation Committee along with the names taken from senior Judges outside the Collegium and eligible candidates taken from the database (Judicial Officers and Advocates) as maintained by the proposed Secretariat. The High Court Collegium may deliberate upon a panel of names drawn up by the Search-cum-Evaluation Committee and recommend the names of the most suitable candidates for appointment of Judges in the Supreme Court, Chief Justices and Judges High Courts. The Collegium at an appropriate level may address the above requirements of drawing up a panel of eligible candidates from aforementioned sources and draw up their proceedings by rendering requisite reasons and thereafter send the proposal to the government with relevant documents,” the reply additionally stated.