[Appointment of judges] Had suggested inclusion of government nominee in Search Committee to assist Collegium: Kiren Rijiju

Union Law Minister Kiren Rijiju on Thursday disclosed that the Central government had suggested the inclusion of a government nominee on a Search-cum-Evaluation Committee which could assist the Supreme Court and High Court Collegiums in appointment of judges..The Search-cum-Evaluation Committees at the Supreme Court and High Court levels would be entrusted to prepare a panel of eligible candidates, from which the respective Collegiums could make recommendations, Rijiju explained. The said proposal was communicated to the Supreme Court through a letter dated January 6, 2023, which had called for the finalisation of the Memorandum of Practice (MoP) for appointment of judges. As stated in a reply by the Law Minister to a question before the Rajya Sabha,"... [the Government had] inter-alia suggested that the Search-cum-Evaluation Committee in respect of appointment of Judges in the Supreme Court and Chief Justices of High Courts should consist of a representative nominated by Government of India.".Rijiju added that such a mechanism could pave the way for a more transparent method for appointing judges."This, alongwith other measures suggested will pave the way for a more transparent, accountable and expeditious mechanism for appointment of Judges to the Constitutional Courts," the reply stated..Last month, Rijiju had rubbished media reports that the government was seeking to include its nominee directly in the Collegium. Speaking at an event organised by the Delhi Bar Association, the Law Minister had said,“Somehow this letter came out and headlines were made that the government wants its representative in the Collegium. Collegium is the CJI and four puisne judges. How can I just drop someone in it? Debates were done on this. One former judge from the Supreme Court even gave his interview on this. One big lawyer also commented.”The Law Minister's reply now clarifies that government representation was sought to be included in a Search Committee..The reply further explains how the the search Committee could work:For appointment of judges in the High Courts, the Committee should consist of a representative nominated by Government of India and a representative of the State government(s) under the jurisdiction of the High Court, as nominated by the Chief Minister(s). For appointment and transfer of Chief Justices and judges of High Courts, names recommended by the Chief Minister can be received by the Search-cum-Evaluation Committee along with the names taken from senior judges outside the Collegium and eligible candidates taken from a database of judicial officers and advocates, as maintained by the proposed Secretariat. The High Court Collegium may deliberate upon the panel of names drawn up by the Search-cum-Evaluation Committee and recommend the names of the most suitable candidates for appointment as judges in the Supreme Court, or as Chief Justices and judges of High Courts. The Collegium (of the Supreme Court or the High Courts) may deliberate on the panel of names drawn up, give their reasons, and, thereafter, send the proposal to the government with relevant documents. .[Read the reply]