The Karnataka High Court today dismissed a petition seeking transparency in the selection process of appointment of high court judges..The petition, filed by advocate M Veerabhadraiah, sought the court’s direction to display the names of those being considered for elevation to the Bench on the websites of the High Court and the Department of Justice..Further, it was prayed that members of the Bar be given a more proactive role in the process; the petition calls for a mechanism for receiving complaints against potential judges. Apart from these, it was also prayed that more women advocates be considered for elevation..When the matter came up for admission today in Court Room 1, the first bench comprising Chief Justice SK Mukherjee and Justice Ravi Malimath was loath to entertain the petition. Senior Advocate N Devadas, appearing for the petitioner, based his arguments on the suggestions made in the Second and Third judges case, as well as Justice Madan Lokur’s observations in the NJAC judgment..Chief Justice Mukherjee, however, deemed those points to be mere suggestions and not binding directions. Additionally, he did not want to interfere with the duty of the collegium..He said,.“Appointment of judges is the Chief Justice and the collegium’s business. Have some faith in them.”.During the hearing, it was noted that the draft Memorandum of Procedure for appointment of judges to the higher judiciary has reached Prime Minister Narendra Modi’s office. According to news reports, once the draft MoP has received the PM’s assent, it will be sent to Chief Justice of India TS Thakur for final approval..In December last year, the Supreme Court had given the Centre the green signal to amend the existing MoP. Earlier this month, the government had finalised a draft MoP..Some of the proposals made in that draft include appointment of up to three judges to the Supreme Court from the Bar, consideration of merit as a yardstick for appointment, and the setting up of a Secretariat for maintaining all records, scheduling meetings of the collegium, and to consider complaints pertaining to judicial appointments, among others.
The Karnataka High Court today dismissed a petition seeking transparency in the selection process of appointment of high court judges..The petition, filed by advocate M Veerabhadraiah, sought the court’s direction to display the names of those being considered for elevation to the Bench on the websites of the High Court and the Department of Justice..Further, it was prayed that members of the Bar be given a more proactive role in the process; the petition calls for a mechanism for receiving complaints against potential judges. Apart from these, it was also prayed that more women advocates be considered for elevation..When the matter came up for admission today in Court Room 1, the first bench comprising Chief Justice SK Mukherjee and Justice Ravi Malimath was loath to entertain the petition. Senior Advocate N Devadas, appearing for the petitioner, based his arguments on the suggestions made in the Second and Third judges case, as well as Justice Madan Lokur’s observations in the NJAC judgment..Chief Justice Mukherjee, however, deemed those points to be mere suggestions and not binding directions. Additionally, he did not want to interfere with the duty of the collegium..He said,.“Appointment of judges is the Chief Justice and the collegium’s business. Have some faith in them.”.During the hearing, it was noted that the draft Memorandum of Procedure for appointment of judges to the higher judiciary has reached Prime Minister Narendra Modi’s office. According to news reports, once the draft MoP has received the PM’s assent, it will be sent to Chief Justice of India TS Thakur for final approval..In December last year, the Supreme Court had given the Centre the green signal to amend the existing MoP. Earlier this month, the government had finalised a draft MoP..Some of the proposals made in that draft include appointment of up to three judges to the Supreme Court from the Bar, consideration of merit as a yardstick for appointment, and the setting up of a Secretariat for maintaining all records, scheduling meetings of the collegium, and to consider complaints pertaining to judicial appointments, among others.