This is a story that refuses to go away. It is the long-standing story of the fight between the Executive and the Indian judiciary. Nobody seems to be yielding ground. There was a recent supposed patch-up, with the judiciary agreeing to adhere to the national security clause in drawing up of the Memorandum of Procedure (MoP) in the selection of judges. But that was recently poured down the drain, as first reported by India Legal with the Supreme Court collegium flatly refusing to bow.
The collegium has retained the right to reject any candidate put up for selection by the government. The India Legal story of March 20 (Judiciary-executive tussle resurfaces over judges’ appointments ) had clearly said: “The Supreme Court collegium has handed over the finalised Memorandum of Procedure (MoP) for appointment of judges to the government. But there it has inserted a critical clause that might again give rise to tension.”
India Legal had said: “While agreeing to the government’s proposal for a national security clause in the MoP, the collegium has not given up its right to insist on a name that may have been rejected by the government.”
It was a big blow.
This story has now been amplified by The Indian Express, in its lead of March 24, where the daily said: “Sources told The Indian Express that in its final meeting on March 10, the five-judge collegium, headed by Chief Justice of India JS Khehar, unanimously rejected the recommendation of the Modi government.”
The daily also quoted a member of the collegium as saying: “…the government can’t be given a virtual veto to reject any name by merely invoking national security. This would lead to politicisation of the entire appointment process, something that the framers of the Constitution didn’t want.”
Watch this space for more developments and exclusive reportage of it.
—By India Legal Bureau