Lok Sabha Question No. 1413 (UNSTARRED), answered on 2023-07-28
Subject: Transparency in Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: D.K. Suresh, S. Jagathrakshakan

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

## LOK SABHA UNSTARRED QUESTION NO. 1413

## TO BE ANSWERED ON FRIDAY, THE 28.07.2023

## Transparency in Appointment of Judges

## 1413. SHRI D.K. SURESH: SHRI S. JAGATHRAKSHAKAN:

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

- (a) whether  the  issue  of  transparency  has  been  raised  strongly  in  the constitution of collegium system;
- (b)
- if so, the details thereof;
- (c) whether the Government proposes to re-evaluate the collegium system and addressed its flaws to ensure that it  truly  reflects  the  will  of  the people and serves the best interest of the nation;
- (d) if so, the details of the steps proposed to be taken by the Government in this regard and if not, the reasons therefor; and
- (e) whether the Government has taken any measures to ensure transparency in the appointment or elevation of judges by the collegium system and if so, the details thereof?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE

(SHRI ARJUN RAM MEGHWAL)

(a) to (e):In order to make the Collegium system of appointments of Judges of the Supreme Court and High Courts more broad-based, transparent, accountable and bringing objectivity in the system, the Government brought into force the Constitution  (Ninety-Ninth  Amendment)  Act,2014  and  the  National  Judicial Appointments Commission Act, 2014 w.e.f. 13.04.2015.However, both the Acts were  challenged  in  the  Supreme  Court.  The  Supreme  Court  vide  Judgment dated  16.10.2015  declared  both  the  Acts  as  unconstitutional  and  void.  The Collegium  system  as  existing  prior  to  the  enforcement  of  the  Constitution (Ninety-Ninth Amendment) Act,2014 was declared to be operative.

Subsequently, the Supreme Court vide order dated 16.12.2015directed the Government  to  finalize  the  existing  MoP  by  supplementing  it  inconsultation with the Supreme Court Collegium taking into consideration eligibility criteria, transparency, establishment of secretariat and mechanism to deal with complaints. The Government of India after due deliberations, proposed changes in the existing MoP and the draft MoPs were sent to theHon'ble Chief Justice of India  vide  letter  dated  22.03.2016.  Responses  of  Supreme  Court  Collegium (SCC)  were  received on  25.05.2016  and  01.07.2016.  The  comments  of Government,  in  response  to  the  views  of  SCC  were  conveyed  to  the  Chief Justice of India on 03.08.2016. The SCC provided their comments on the views of the Government on draft MoP on13.03.2017. The stand of Government with suggestions to resolve issues involved in appointment of Judges was conveyed to the Secretary General of the Supreme Court vide letter dated 11.07.2017 of Secretary (Justice). In order to ensure transparency in appointment procedure, the government emphasised on the need for a more robust evaluation process by setting  up  a  search-cum-evaluation  committee.In  its  recent  communication dated 06.01.2023 to the Chief Justice of India, the Government has emphasized the need to finalize the MoP in view of various judicial pronouncements. In the letter  dated 6.01.2023, the Government again requested the Supreme Court to consider  various  suggestions  sent  by  the  Government  from  time  to  time  for making the system of appointment of judges to the Constitutional Courts more transparent, fair, representative and accountable.

***