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Govt seeks to turn tables on collegium -R Balaji

-The Telegraph

Centre said it had conveyed its stand on the points raised by the two-judge bench to the secretary-general of the apex court in a letter dated July 11, 2017, but had not received any response

New Delhi: The Centre has sought to blame the delays in judges’ appointments, for which the Supreme Court has repeatedly reprimanded it, on the collegium itself.

The government invoked observations by a two-judge bench in 2017 that called for a relook at the memorandum of procedure (MoP) that governs judges’  appointments and transfers. 

However, judgments by three constitution benches in 1993, 1998 and 2015 had upheld the collegium’s primacy, The government cited the July 4, 2017, judgment of the then bench of Justices J. Chelameshwar and Ranjan Gogoi (both now retired) citing the system’s failure to provide an appropriate procedure to assess the personality of a candidate judge.

“The conduct of the contemnor (Justice C.S. Karnan) ever since his elevation to the bench has been controversial. Obviously, there is a failure to make an assessment of the personality of the contemnor at the time of recommending his name,” the bench had observed.

It had sought an “appropriate mechanism... for assessing the personality of the candidate”, worked out after a “debate” among “the Bar, the Bench, the State and Civil Society”.

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