New Delhi, Sept 20: A petition which sought to have a mechanism other than the collegium to appoint judges has been struck down by the Supreme Court of India. The petitioner had sought to set up an independent body of the executive and the judiciary to select judges both to the High Court and Supreme Court.
The Supreme Court while striking down the petition observed that any such directive would amount to amending the Constitution. This cannot be done by the Supreme Court, the Bench also observed.
The petition which was filed by the National Campaign for Lawyers said that the setting up of such a body is essential. Further the petitioner also said that the selection of kith and kin of judges and senior advocates as judges must stop.
Further the petitioner said that the talented are never selected or considered by the collegium and hence a new mechanism must be put in place.
It may be recalled that the Supreme Court had recently struck down the National Judicial Appointments Commission Act. The act sought to bring in amendments to the process involving the appointment of judges to the higher judiciary.
While striking down the NJAC Act, the court had, however, suggested that a Memorandum of Procedure be enforced to ensure transparency into the appointment of judges to the higher judiciary.