Govt wants collegium functions under RTI

Times of India: New Delhi: Friday, 01 January 2016.

A first draft of the memorandum of procedure (MoP) that would guide appointment of judges to the apex court has been prepared by the law ministry after preliminary round of discussions with the attorney general and top officials of the Prime Minister's Office.

On the basis of discussion, the government seems to be hesitant in putting down some of the transparency-related guidelines in the MoP without prior approval of the Chief Justice of India just to avoid any confrontation later. Any MoP can only be finalised with the concurrence of the CJI, and there the government fears it may encounter resistance on making proceedings of the collegium system subject to RTI Act.

Law minister Sadananda Gowda has sought an appointment with the Chief Justice of India sometime next week to discuss the matter before MoP is formalised, a source said.

The ministry is waiting for responses from the chief justices of 24 high courts and chief ministers before formalising any MoP proposals for the HCs. The law minister had sent a letter to them soon after the conclusion of the winter session. There will be two different MoPs, one guiding the appointment of judges to the HCs and another for the SC.

Earlier, during the hearing of a case related to improvement of the apex court collegium system, an SC bench had on December 16 asked the government to frame an MoP in consultation with the CJI that could prescribe eligibility criteria for judges selection besides recording of the minutes of the proceedings of the collegium. The bench had also observed that the procedure for the appointment of judges could be made available in public domain.

The government had, however, favoured bringing the appointment process under the RTI Act to maintain transparency.

The judiciary and the government are on the same page as far as setting up a separate secretariat at SC and each of the HCs dealing with the appointment and transfer of judges are concerned. The government is also emphasising on selection through a consultative process where the names of candidates can be invited from the Bar, the government and the judiciary.

The MoP may also provide for a mechanism for dealing with complaints against judges.