New Delhi: The union government on Monday
favoured a review of a 1993 verdict of the Supreme Court which
gave primacy to the judiciary over the executive in
appointment of judges in the apex court and the high courts.
With Attorney General Goolam E Vahanvati supporting a
petition by Suraz India Trust, an NGO, for the review of the
October 1993 ruling, a bench of justices Deepak Verma and BS
Chauhan referred the matter to the Chief Justice of India for
considering if it could be referred to a larger bench.
The bench referred the matter to the CJI after both
Vahanvati and senior counsel AK Ganguly, appearing as an
amicus curiea, supported the petitioner's view that the
judiciary should not have absolute power in appointment of the
high court and the apex court judges.
Vahanvati, in his brief intervention, said the
appointment process needs to be "reconsidered" in view of
certain apparent inconsistencies in the apex court's 1993
judgement wherein the judiciary acquired primacy in the
appointment of judges.
In response to a query from the bench, Vahanvati said the
government was in the process of bringing in Parliament a Bill
for necessary changes in the appointment procedure of judges
but its enactment would take a long time.
Accordingly, he said the apex court can refer the matter
to a constitution bench for reconsidering it.
Prior to 1993, appointments of the Supreme Court and the
high court judges were made after a consultation process in
which both the judciary and the executive had a say.
PTI
First Published: Monday, April 04, 2011, 22:49