Lok Sabha Question No. 1459 (UNSTARRED), answered on 2017-12-27
Subject: Transparency in Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: J. JAYASINGH THIYAGARAJ NATTERJEE

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 1459

## TO BE ANSWERED ON WEDNESDAY, THE 27.12.2017

## Transparency in Appointment of Judges

## 1459 SHRI J.J.T. NATTERJEE:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  whether  the  existing  judicial  system  in  the  country  lacks  transparency particularly in the appointment of judges;
- (b) if so, the details thereof;
- (c) whether the Government recently proposed any major revision of rules in this regard and if so, the details thereof;
- (d)  whether  according  to  Government,  the  National  Judicial  Appointment Commission (NJAC) is more transparent in appointment of judges; and
- (e) if so, the details thereof along with the steps taken in this regard so far?

## ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS

## (SHRI P.P. CHAUDHARY)

(a) to (e): The setting up of the National Judicial Appointment Commission by the Government  was  struck  down  by  the  Supreme  Court  vide  Judgement  dated 16.10.2015 declaring the Constitution (Ninety - Ninth Amendment) Act, 2014 and the  National  Judicial  Appointment  Commission,  Act,  2014  as  'unconstitutional and  void'  and  the  system  of  appointment  of  Judges  to  the  Supreme  Court  and High  Courts  as  existing  prior  to  the  Constitution  (Ninety  -  Ninth  Amendment) Act, 2014 called the 'Collegium system' was declared to be operative.

As  the  Collegium  system  of  appointments  lacked  transparency  and suffered from other infirmities such as lack of accountability and objectivity, the Supreme Court Bench passed an order dated 16.12.2015 for improvement in the 'Collegium  system',  directing  the  Government  of  India  to  finalize  the  existing Memorandum of Procedure (MOP) by supplementing  it in consultation with the Supreme Court Collegium.

The Government of India after due deliberations, proposed changes in the  existing  MoP  taking  into  consideration  factors  such  as  eligibility  criteria, transparency, establishment of Secretariat and mechanism to deal with complaints. The effort of the Government is to supplement the existing MoP by making the appointment  process  transparent,  fair,  and  accountable  and  at  the  same  time ensuring the independence of Judiciary.

The changes proposed in the draft MoP's were sent to the Hon'ble Chief Justice of India vide letter dated 22.03.2016. The response of the Chief Justice of India was received on 25.05.2016 and 01.07.2016. The views of the Government were conveyed to the Chief Justice of India on 03.08.2016. The inputs on the MoP as finalised by the Supreme Court Collegium were received from Chief Justice of India vide letter dated 13.03.2017.

Meanwhile, Supreme Court in another judgment dated 4.7.2017 in a Suo Moto  Contempt  Proceeding  against  a  Judge  of  the  Calcutta  High  Court,  two Judges  of  the  Supreme  Court  Bench  noted  the  need  to  revisit  the  process  of selection and appointment of Judges to the Constitutional Courts. The Government of India has conveyed  the need to make improvement on the draft MoP to the Supreme Court vide letter dated 11.07.2017.

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