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After striking down National Judicial Appointment Commission (NJAC) , the Supreme Court in its latest order has stated that the Government of India may finalize the existing Memorandum of Procedure of Collegium  by supplementing it in consultation with the Chief Justice of India. The Apex Court has prescribed broad factors/guidelines to be considered by the Chief Justice and four seniormost pusine judges in finalizing the existing Memorandum of Procedure.

The Apex Court made it clear that the guidelines are only broad suggestions for consideration and supplementing the Memorandum of Procedure for the faithful implementation of the principles laid down in the Second Judges case and the Third Judges case.

Case Details:
Writ Petition (Civil) No. 13/2015
Supreme Court Advocates-on-Record Association and Another (Petitioners) vs Union of India (Respondent)
Date of Order : 16-12-2015
Coram: J. Jagdish Singh Khehar, J. Chelameswar, J Madan B. Lokur, J Kurian Joseph, Adarsh Kumar Goel

Broad Guidelines/Factors suggested:

1. Eligibility criteria
The Memorandum of Procedure may indicate the eligibility criteria, such as the minimum age, for the guidance of the collegium (both at the level of the High Court and the Supreme Court) for appointment of Judges, after inviting and taking into consideration the views of the State Government and the Government of India (as the case may be) from time to time.

2. Transparency in the appointment process
The eligibility criteria and the procedure as detailed in the Memorandum of Procedure for the appointment of Judges ought to be made available on the website of the Court concerned and on the website of the Department of Justice of the Government of India. The Memorandum of Procedure may provide for an appropriate procedure for minuting the discussions including recording the dissenting opinion of the Judges in the collegium while making provision for the confidentiality of the minutes consistent with the requirement of transparency in the system of appointment of Judges.

3. Secretariat
In the interest of better management of the system of appointment of Judges, the Memorandum of Procedure may provide for the establishment of a Secretariat for each High Court and the Supreme Court and prescribe its functions, duties and responsibilities

4. Complaints
The Memorandum of Procedure may provide for an appropriate mechanism and procedure for dealing with complaints against anyone who is being considered for appointment as a Judge.

5. Miscellaneous
The Memorandum of Procedure may provide for any other matter considered appropriate for ensuring transparency and accountability including interaction with the recommendee(s) by the collegium of the Supreme Court, without sacrificing the confidentiality of the appointment process.

Download Full Judgment Click Here >>

Supreme Court lays down broad factors/guidelines for finalizing existing Collegium Memorandum of Procedure by Govt in consultation with Chief Justice | 16-12-2015 |

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