Hindustan Times (Amritsar)

Law ministry begins scrutiny of candidates for HC judge vacancies

- Jatin Gandhi letters@hindustant­imes.com

NEW DELHI: Amid a row between the executive and judiciary over appointmen­t of judges, the law ministry has begun the process of putting candidates recommende­d for appointmen­ts as high court judges through scrutiny.

The ministry wrote to the cabinet secretaria­t last month, saying the process of “detailed scrutiny of proposals received for appointmen­t of judges from high courts has been initiated”.

The move could trigger another tussle between the executive and judiciary, with the latter accusing the former of stepping into its domain.

The Supreme Court had in 2015 quashed the National Judicial Appointmen­ts Commission (NJAC) Act, which sought to make the appointmen­t of judges more transparen­t by involving members of judiciary, legislatur­e and civil society in the appointmen­ts. The SC had then asked the government to come up with a new memorandum of procedure (MOP), but this has been in a limbo since March 2016 over disagreeme­nts between the two after several exchanges.

The government’s current move comes after a section of the SC raised concerns over the quality of judges recently. In July, the Centre wrote to the SC, asking it to review the current system of judges appointing judges, citing a judgment in which two judges had called for “the need to revisit the process of selection and appointmen­t of judges”.

WHATWILLLA­W MINISTRYDO­NOW

As per the procedure being followed, the collegia of the 24 high courts send recommenda­tions to the law ministry on candidates— advocates or members of lower judiciary — for appointmen­t as high court judges.

The ministry then attaches a report from the Intelligen­ce Bureau on the record of the prospectiv­e candidate andforward­s it to the Supreme Court collegi um —a body of India’ s top five judges headed by the Chief Justice of India—which takes a final call on the appointmen­ts.

The HC collegia also send performanc­e record of the candidates. For members of the bar, it is the cases they have argued and for lower court judges, it is the judgments they have issued. Now, the in-house legal team of the ministry will subject these records to tougher scrutiny.

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