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Supreme Court rejects Government role in selecting judges

by IBNS 16 Oct 2015, 07:57 am

New Delhi, Oct 16 (IBNS) In a landmark verdict, the Supreme Court on Friday rejected a new law that gives the government more say in appointing judges and reinstated the age-old collegium system of judges, reports said.

A five-judge constitutional bench declared as "unconstitutional"  the National Judicial Appointments Commission that replaced the  collegium system of judges appointing judges in the Supreme Court and high courts.
The court said the two decades-old system of judges being appointed or transferred by a collegium - a group of five senior judges - would continue.

The constitutional bench had reserved its judgement on July 15 after hearing for r 31 days.

Petitions filed by a Supreme Court advocates' group among others had argue that the new law is unconstitutional and tramples the judiciary's independence by  giving the government a major role role in the selection of judges.

Defending itselft, the government had said that the collegium system where judges appointed judges was not free from defects.

During arguments before the Constitution bench, the government's top lawyer, Attorney General Mukul Rohatgi had said it is a myth that judges alone can decide on who is the best person to be a judge.

In the new system notified in April, judges are chosen by the National Judicial Appointments Commission - a team of six members that includes the Chief Justice of India, the two most senior judges of the Supreme Court, two eminent persons, and the Law Minister.

The system stipulated that the two eminent Indians will be chosen in turn by the Chief Justice, the PM and the leader of the largest opposition party in the Lok Sabha.

For nearly two decades, judges have been appointed or transferred by a collegium - a group of five senior judges.