The government’s move to propose a change in the present collegium system for appointment of judges has come under a scanner by senior lawyers.
Several senior lawyers are learnt to have written to the law minister’s office asking for a wider debate on proposed law on judicial appointments.
The law and justice ministry on its part is soon likely to initiate a wider consultation on the issue.
It is understood that senior advocates like Fali Nariman, Anil Divan, M.N. Krishnamani and Mukul Rohatagi want a debate on proposed law on judicial appointments.
Newly-appointed law and justice minister Kapil Sibal had recently stated that a proposal to replace the 20-year-old collegium system to choose judges will be moved “very soon” before the Cabinet.
The law minister had asserted that intention of the government was that the best people should be chosen as judges with complete transparency and objectivity.
Under the present collegium system, the executive has no say in appointments of judges of the Supreme Court and the high courts as the recommendations of the collegium are final and binding on the government.
Before the recent move by Mr Sibal, over the past four years of UPA-2’s tenure his predecessors including, Veerappa Moily and Ashwani Kumar had too tried to change the present mechanism of collegium system for appointment of judges.
However, they were unsuccessful in their endeavour.
Mr Sibal, however, hopes to seek the nod of Cabinet on the issue soon and then present it for Parliament’s approval.
The government resolve on implementing a new law is not going to be easy as recently, Chief Justice of India Altamas Kabir had strongly defended the collegium system.
The Chief Justice of India had stated that appointments to the higher judiciary “are made after intense deliberations.”