NEW DELHI: Law Minister Kiren Rijiju on Thursday said a response from the Supreme Court is still awaited to his January 6 letter to the Chief Justice of India for setting up a Search-cum-Evaluation Committee with a government nominee to select Judges in the Supreme Court and Chief Justices of High Courts.
In a response to a query, the Minister said in its recent communication to the CJI, the Government has emphasised the need to finalise the Memorandum of Procedure in view of various judicial pronouncements and 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.
For appointment of Judges in the High Courts, the Committee should consist of a representative nominated by Government of India and a representative of State Government(s) under the jurisdiction of High Court as nominated by the Chief Minister(s), he said.
The existing MoP stipulates that if the Chief Minister desires to recommend the name of any person, he/she should forward the same for consideration.
"However, since this has not been put in actual practice, the names recommended by the Chief Minister can also be received by the Search-cum-Evaluation Committee along with the names taken from senior Judges outside the Collegium and eligible candidates taken from the database (Judicial Officers and Advocates) as maintained by the proposed Secretariat. The High Court Collegium may deliberate upon panel of names drawn up by the said Committee and recommend the names of the most suitable candidates for appointment as Judges of the Supreme Court; Chief Justices and Judges of the High Courts," his written reply said.
The Collegium at appropriate level may address the requirements of drawing up panel of eligible candidates from aforementioned sources and draw up their proceedings by rendering requisite reasons and thereafter send the proposal to the Government with relevant documents.
The said Committees will be entrusted to prepare a panel of eligible candidates from which the respective Collegiums will make recommendation, it added.
