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New system to appoint judges not in conclusive stage: Govt

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Press Trust of India New Delhi
Last Updated : Jan 24 2013 | 2:10 AM IST

"...It is generally felt that this procedure is not balanced and is one sided. It has at times been criticised also for lack of transparency and accountability," Law Minister Salman Khurshid informed the Lok Sabha in a written reply.

He said the proposal to put in place a new system to appoint judges of the Supreme Court and High Courts "has not yet reached a conclusive stage".

In reply to a similar question on whether the government plans to set up a National Judicial Commission to appoint judges, Khurshid said the proposal to set up the body has been on the anvil since 1990. But despite the recommendations of various commissions, including the 2nd Administrative Reforms Commission, the proposal has not reached a logical conclusion.

"The Constitution amendment bill moved in 1990 as well as 2003 lapsed on both the occasions due to dissolution of the House," he said.

Amid rising demands for greater transparency in appointment of judges of the Supreme Court and High Courts, the government is working on a proposal to put in place a new system to give the Executive more say in such decisions.

Under the present Collegium system, the executive has no say in appointments as the recommendations of the Collegium are final and binding on the government.

The move to set aside the 1993 Supreme Court judgement which led to the Collegium system will require a Constitutional amendment.

  

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First Published: Sep 06 2012 | 5:05 PM IST

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