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LATEST NEWS UPDATES | Government should have a say in judges’ selection: Jurists -Abhinav Garg

Government should have a say in judges’ selection: Jurists -Abhinav Garg

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published Published on Nov 14, 2015   modified Modified on Nov 14, 2015
-The Times of India

NEW DELHI: The government should be allowed to aid and advise the Supreme Court collegium in appointing judges to the higher judiciary. In a meeting called by the Bar Council of India, eminent jurists, speakers from state bar councils, all high court bar associations and the SC bar association unanimously supported broad basing of the judges appointment system.

Apart from nominees of the government and the BCI, the speakers also suggested presence of a "people's representative" on the advisory panel to Collegium. Even though the SC in its verdict cited presence of the law minister and vague definition of "eminent persons" as the main reasons for quashing the NJAC Act, the BCI meet saw strong support for government having some role in the judges' selection process. "In the joint meeting there was unanimity that there should be an advisory committee, screening or search committee to aid and advise the present collegium in matter of appointment of high court and Supreme Court judges," the BCI said in a release.

The committee should comprise of the law minister, AG, BCI chairman or one representative and Advocate General of the concerned state, the speakers added. BCI will now collate and consider the suggestions and approve a resolution to be placed before the SC bench. Senior lawyers K K Venugopal, P P Rao, M N Krishnamani gave their views in the meeting which also saw members of state bar councils and bar associations give their views.

Earlier this month, the SC had given time till November 13 to stakeholders to give suggestions to make functioning of collegium system transparent for the appointment of judges to the higher judiciary.

Top court constitution bench headed by Justice A S Khehar said that all the suggestions should reach the ministry of law and justice till 5 pm on November 13, which in turn will forward them to senior counsel Arvind Dattar and Additional Solicitor General Pinki Anand to collate them. Recognizing the crucial role played by the BCI — a statutary body of lawyers — SC granted it an extra day, saying the council can submit its suggestion till November 14. All the suggestions have to be limited on the point of transparency in the working of the collegium, eligibility criteria for the selection of judges, setting up of a permanent secretariat of the collegium and the procedure for entertaining the complaints in respect of the candidates being considered for judgeship.

The Times of India, 14 November, 2015, http://timesofindia.indiatimes.com/india/Government-should-have-a-say-in-judges-selection-Jurists/articleshow/49775790.cms


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