Aam Aadmi Party Rajya Sabha MP Shri Raghav Chadha has moved a Private Member's Resolution in the Rajya Sabha, urging the government of India to take necessary steps to strengthen judicial independence in the country.
The resolution says that in 2016, "The Court 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, steps to supplement the existing Memoranda of Procedure have not been taken yet."
Chadha's resolution urges the government to expeditiously finalise the Memoranda of Procedure for the appointment of judges, in accordance with court judgments.
The measures that are proposed to be added include:
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, and that all such observations, comments, and inputs should be relevant and necessary and not be on extraneous or unnecessary aspects.
The government should either accept the recommendation of the Collegium or return the recommendation for reconsideration within the same 30-day period. If the government fails to act within this period, the recommendation of the Collegium should be forwarded to the President of India for the issuance of a warrant of appointment.
The resolution also provides 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 of India for the issuance of a warrant of appointment within 15 days.
According to Chadha's resolution, "Executive interference in the appointment of judges is antithetical to judicial independence, particularly since the Government of India is the biggest litigant before Indian courts."
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