'Centre Biggest Litigant': Raghav Chadha Moves Resolution Opposing 'Interference' In Judicial Appointments

AAP MP Raghav Chadha's resolution in Rajya Sabha stated that Centre's 'interference' in the appointment of judges is antithetical to judicial independence as it is the biggest litigant in courts.

AAP Rajya Sabha MP Raghav Chadha on Wednesday moved a Private Member’s Resolution in the House, urging the Centre to take necessary steps to strengthen judicial independence in the country. The resolution drew to attention a 2016 case, Supreme Court Advocates on Record Association vs Union of India, in which the Supreme Court held that the 99th Amendment to the Constitution of India and the National Judicial Appointments Commission Act, 2014, are ultra vires (beyond the powers) to the Constitution.

The resolution stated that executive's interference in the appointment of judges is antithetical to judicial independence as the Centre is the biggest litigant in courts.

The Supreme Court had directed the government to supplement the existing Memoranda of Procedure for the appointment of Supreme Court and High Court judges in consultation with the Chief Justice of India. However, the resolution states that steps to supplement the existing Memoranda of Procedure have not yet been taken.

The resolution calls upon the central government to strictly adhere to the binding judgments of the Supreme Court concerning the appointment of judges to the Supreme Court and the high courts. It further urges the government to expeditiously finalize the Memoranda of Procedure for the appointment of judges and to incorporate certain measures to ensure the independence of the judiciary.

One of the measures suggested is that all observations and comments of the government, including intelligence inputs, be rendered to the Collegium within 30 days of a recommendation being made by the Collegium. Additionally, all such observations, comments, and inputs should be relevant and necessary and not on extraneous or unnecessary aspects. In line with this, Raghav Chadha's resolution stated, the government should either accept the recommendation of the Collegium or return the recommendation for reconsideration. "If the government fails to act within 30 days, the recommendation of the Collegium should be forwarded to the President for her approval for the appointment," it read.

The resolution also states that if the government returns a recommendation to the Collegium for reconsideration and the Collegium reiterates the recommendation, the Secretary, Department of Justice, shall forward the recommendation to the President for the issuance of a warrant of appointment within 15 days.

The resolution notes that the Supreme Court had directed the Centre to further finalize the existing Memoranda of Procedure for the appointment of Supreme Court and HC judges. It argued that the steps to supplement the existing Memoranda of Procedure are yet to be taken by the government.

The resolution also emphasizes that judicial independence is a part of the basic structure of the Constitution of India and cannot be compromised in any way.