A clause in the Centre's new draft Memorandum of Procedure for the appointment of judges to the Supreme Court and high courts gives the government the right to reject any recommendation made by the apex court collegium if it feels that the choice is not in favour of national interest. The collegium, comprising four senior-most judges of the apex court and the Chief Justice of India, reviewed the document and said that the condition goes against the present structure of the body, whose recommendations are meant to be binding for the Centre, reported PTI.
The collegium is learnt to have raised an objection against another clause in the MoP that says the Attorney General at the Centre and Advocates General in the states should have a say in recommending candidates for appointment and elevation of judges to the Supreme Court and high courts.
The collegium has conveyed its reservations against the two clauses in the document even as Thakur, on April 24, said that the core of the document will remain “unaltered”. The memorandum was sent to Chief Justice of India TS Thakur in March. The law ministry had revised it following a Supreme Court directive to make the system more transparent.