Judicial Appointments II: Constitute consultative body, more AoRs on Bench says SCAORA

After striking down the National Judicial Appointments Commission (NJAC), the Supreme Court will hear the parties to the case, starting tomorrow, on ways and means to improve the Collegium system. The matter is listed as item 501 in court 4..In its written submissions, the lead petitioner, the Supreme Court Advocates-on-Record Association (SCAORA) has suggested the establishment of a consultative body consisting of distinguished jurists, leading lawyers, Presidents of the Bar Associations, and others to assist the Collegium in short listing candidates..It has, further, suggested that High Courts should maintain a panel called ‘Zone of Consideration’ wherein the names of all the suitable candidates for judgeship should be included, irrespective of the vacancies. Such a panel should be renewed every two years to include new suitable names. In case of vacancies, the Collegium may recommend the names from the ‘Zone of Consideration’ subject to further enquiry and their satisfaction..It has recommended that guidelines be framed with respect to the consultation, minimum criteria, acceptance of nominations, mechanism of short listing etc. and has recommended that the same be published and put in the public domain on the web-site..Interestingly, the SCAORA has called for inclusion of Supreme Court AoRs on the Bench by earmarking a fixed percentage of vacancies in the High Courts for the AoRs..“Advocates-on-Record of the Supreme Court and regular practitioners of the Supreme Court hail from all the States. They get a unique opportunity to get a wholesome experience of the Indian Judicial System, but they do not get adequate and commensurate opportunity for being considered for appointment as High Court Judges…..Therefore, adequate and equal opportunity may be provided to the Advocate-on-Records and regular practitioner of the Supreme Court to be considered for Judgeships in the High Courts…..There may be mandatory representation for Advocates on Record who are practising exclusively before the Supreme Court….1/3rd of the High Court Judges are from District Judge quota. A certain percentage can be earmarked for every High Court for Advocates on Record.”.The SCAORA has also given its suggestions on how the whole selection process can be made more transparent..However, all eyes will be on Central government’s law officers, who had made a valiant attempt to defend the NJAC. The government, especially the Finance Minister, had come down hard upon the judgment as Constitutionally incorrect and the stance of the law officers in the matter will be closely followed.