Central Selection Mechanism: SC defers case for two weeks, Amicus Datar mooting a second Concept Note

The hearing in the case on Central Selection Mechanism for the subordinate judiciary has been deferred by the Supreme Court for two weeks.

A Bench of Chief Justice JS Khehar and Justices AK Goel and AM Khanwilkar heard the Chhattisgarh High Court, the Delhi High Court, the Central government and Amicus Curiae Arvind Datar, before deciding to defer the matter.

Datar stated that he will consider preparing a second concept note with certain modifications to the original proposal.

This came about after Chhattisgarh and Delhi High Courts also objected to the scheme in the current format.

Senior Advocate Ravindra Srivastava, appearing for Chhattisgarh High Court submitted that if the scheme envisaged by the Concept Note is implemented, it would leave the High Courts with no powers regarding selection to subordinate judiciary.

“Question is what will be left for High Courts to do if we go as per the Concept Note? What will go to High Courts is a final list of candidates and the High Courts will just have to appoint.”

Srivastava also cited the fact that the large percentage of backward population in Chhattisgarh would not be able to compete with the candidates from other parts of the country.

Advocate General of Chhattisgarh, Jugal Kishore Gilda also opposed the proposal stating that he is adopting the stance of Senior Advocates Rakesh Dwivedi and Jaideep Gupta regarding Constitutionality of the scheme.

Subsequently, Senior Advocate Raju Ramachandran, argued on behalf of Delhi High Court. He read out contents of the Full Court resolution adopted by the High Court, which were, inter alia, as follows:

• Centralised exam should be held for preliminary screening. The remaining part of the selection process should continue to be vested with the High Courts.
• Centralised Selection Committee should comprise judges from all High Courts.
• Selection based on Multiple Choice Questions will not be a meaningful assessment and could dilute merit.
• Constitutionally  set out powers of High Courts under Articles 233 and 235 should be preserved.
• The scheme currently envisaged would need a Constitutional amendment.

Central government, through, Solicitor General Ranjit Kumar, however, refuted the contentions that the proposal violates Article 233.

“The mechanism is to select a pool of say, 5000 students.  The High Courts can then select from that pool depending on their criteria and needs;  Their independence will, in no way, be affected. The procedure is in no way contrary to Article 233.”

Ámicus Curiae Arvind Datar then put forward some suggestions.

“One possible solution is to first have an All India Exam, which will be conducted by the Central Selection Committee.

Those who clear that will be eligible for writing a second exam, which will be in the exclusive domain of the High Courts. That will be conducted as per the Rules and Criteria laid down by of the respective High Courts. Subsequently, viva voce will also be conducted by High Courts”, said Datar.

Senior Advocate Jaideep Gupta submitted that he will have to take instructions from his client with respect to the new proposal.

The Bench then said that it will defer the hearing.

“Think over it. No need to submit a second Concept Note as of now. We will consider if the proposal in first Concept note is unconstitutional or not.”

Regarding the objections raised by various High Courts, CJI Khehar said,

“We will consider their propositions. If we don’t agree with them, we will go ahead, let them continue to object.”

The matter was, subsequently, deferred for two weeks.

This would also mean that the case will now be heard by a new Bench since Chief Justice Khehar retired on August 27.