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Appointment of judges: More powers for Executive?

Last Updated: Tuesday, September 13, 2011 - 16:31

New Delhi: Amid rising demands for greater
transparency in appointment of judges of the Supreme Court and
High Courts, the government is working on a proposal to put in
place a new system to give the Executive more say in such

Under the present Collegium system, the executive has no
say in appointments as the recommendations of the Collegium
are final and binding on the government.

India may be among the few countries in the world where
judges appoint themselves. This practice started after 1993,
replacing the system of government picking judges for higher

Under the proposal, which in the draft stage, government
plans a two-tier system with one servicing the Supreme Court
and the other, the 21 High Courts of the country.

Sources in the government said under the Law Ministry
proposal, a National Judicial Commission headed by the Chief
Justice of India would be set up. It would also comprise an
eminent jurist and the Law Minister for making appointments to
the apex court.

For the High Courts a separate body will be set up for
appointment of judges.

The move to set aside the 1993 Supreme Court judgement
which led to the Collegium system will require a
Constitutional amendment.

The last effort to replace the Collegium system in 2003
could not succeed. The then NDA government introduced a
Constitution Amendment Bill, but the Lok Sabha was dissolved
when the bill was before a Standing Committee.


First Published: Tuesday, September 13, 2011 - 16:31
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