The Supreme Court (SC) Collegium has modified its recommendation concerning Justice A.A. Kureshi’s appointment.
This episode creates the image that the Collegium could have succumbed to pressure from the Union government.
What happened?
Collegium - Initially, its resolution was to appoint the senior judge as the Chief Justice of the Madhya Pradesh High Court (HC).
But now it has modified its resolution and decided to send him to the Tripura High Court.
Central government - Hesitant to elevate the Justice Kureshi, who is from the Gujarat HC, but serving in the Bombay HC on transfer.
The government didn’t act on the recommendation which raised the suspicion that it was blocking his appointment.
The Collegium modified its decision after considering letters from the Department of Justice and accompanying material.
Why it is unclear whether the controversy has ended?
It is possible that the Collegium and the Centre have arrived at a compromise.
Based on this, the government drops its opposition to his appointment as Chief Justice on the condition that he is sent to a smaller HC.
However, until his appointment as head of the Tripura HC is notified, there will be a lurking doubt on whether the latest resolution is in line with the Centre’s approval.
Under the current procedure,
The Collegium may reconsider a recommendation,
The government is bound to implement the reiterated decision.
What created an image that both the sides are guilty?
It is acceptable if the Collegium and the government resolve their differences through consultation and correspondence.
But the final decision shouldn’t be opaque, mysterious and indicative of executive pressure.
It could be said that the Collegium and the government, in the case of lack of transparency are equally guilty.
If the Law Ministry had a bona-fide objection to Justice Kureshi, it could have disclosed its opinion on his suitability.
The failure to do so created a public imagination that the ruling party is blocking his elevation because of judicial orders he had passed.
As for the Collegium, it is unclear why it couldn’t have disclosed what the government had wanted in its communications.
How can the credibility deficit be bridged?
This episode makes a dent in the narrative that the Collegium system is a shield against executive interference in the judicial appointments.
The two sides can come up with fresh clauses in the existing procedure of appointments under which,
The Collegium’s decisions are implemented within a time-frame,
The Government’s objections and reservations are made public.
The Collegium system is in need of urgent remedy to rectify its flaws.
