The Supreme Court on Thursday, while reserving verdict on improving the collegium system of judicial appointments, made it clear that till the order is pronounced the present collegium of judges headed by the Chief Justice of India can continue with the process of appointment of judges.
At the conclusion of arguments on suggestions for improving collegium system, lasting for two days, a five-judge Constitution Bench comprising Justices J.S. Khehar, J. Chelameswar, Madan B. Lokur, Kurian Joseph and A.K. Goel observed “Needless to mention the process of appointment of judges through the collegium will continue and shall not be put on hold. Orders reserved.”
In the morning in a virtual stand-off between the judiciary and the government, the attorney-general Mukul Rohatgi rejected the Supreme Court’s suggestion for submitting a draft procedure on appointment of judges, saying it will undermine the role of Chief Justice of India. On Wednesday the court had asked the government to incorporate suggestions for improving the existing collegium system into a draft procedure for the collegium to be followed.
The AG submitted that the earlier memorandum of procedure was drafted by the government in consultation with the then Chief Justice of India. The procedure — under which appointments are made by the collegium to the higher judiciary — was prepared in 1999 (pursuant to the 1998 verdict) by the Centre in consultation with the Chief Justice of India and this procedure had been accepted by the successive CJIs, he said.
