Union Minister for Law, Veerappa Moily said yesterday “The government may change the present system following allegations of delay and lack of transparency.” The government is “thinking” of making changes in the appointment procedures as the present practice does not “fully reflect” the two Supreme Court judgments which led to the creation of the existing system, added Moily in an interview to newswire Press Trust of India.

Moily believes that the current collegium system, where five senior judges of the Supreme Court recommend Judges’ transfer or elevation, is not justified by the Supreme Court in both the 1993 and 1998 decisions regarding the procedure of selection of judges. The draft revised memorandum for a new procedure had been referred to the then Chief Justice of India (CJI), K.G. Balakrishnan.

According to Articles 124(2) and 217(1) of the Constitution of India, Judges of the Supreme Court and the High Court respectively have to be appointed by the President after 'consultation' with the CJI. However, on these appointments, the Government is not bound by the CJI's recommendation.

In 1993, in its judgment in Supreme Court Advocates on Record (SCAOR) vs. Union of India, the Supreme Court introduced the present collegium system and took over the primacy in appointments. Later in 1998, in the second SCAOR case, it was stated that the ‘consultation’ must be effective and the CJI's opinion shall have primacy in the matter, making India one of the few countries, where judges appoint themselves.