Among the 1450-odd suggestions on improving the collegium system received by the Justice Department, a sitting Supreme Court judge’s recommendations can be found..Justice FMI Kalifulla, who retires in July next year, has made a number of recommendations with regard to the current system of judicial appointments in high courts, so that there will be “no room for anyone to even think to tinker with the system”..Though he hasn’t stuck to the four criteria under which the Supreme Court has asked for suggestions on, Kalifulla J. has made the following four recommendations:.Strict time schedule.Throughout the document sent to the DoJ, Justice Kalifulla emphasized that time is of the essence..“…any collegium functioning in the High Court should have a time schedule within which it should complete the task of making its recommendation, say minimum of one month and a maximum of three months.”.Present and future vacancies.The Attorney General has said that the High Court Collegium should recommend names of prospective candidates at least six months in advance of the actual occurrence of the vacancy..It is point that the judge agrees with..“…the collegium, while commencing its function should consider not only the existing vacancies but also the future vacancies arising in the next six months.”.Independence of collegium.Kailfulla J. makes it clear that he is opposed to any sort of interference, Executive or otherwise, in the appointment of judges..“…once the collegium commences its proceedings, it should be ensured that it is cordoned of[f] and insulated from any external influence…and the procedure formulated for consideration of only eminent judges from service and learned lawyers from the Bar for elevation.”.Bar to recommend appointments.This suggestion is in tune with Justice Lokur’s three-step process, which was also recommended by the Centre.. “…based on the suggestions of the members of the Full Court, [the collegium should] constitute a committee consisting of EMINENT LAWYERS and JURISTS having not less than 25 years’ experience at the Bar of that State…”.Kalifulla J. has also elaborated on the procedure that should be followed. He argues that after the collegium prepares a list of names, the same should be considered by the aforementioned committee of experienced lawyers. This committee would then send its comments to the collegium..Justice Kalifulla has also called for transparency in this process and has recommended that a time limit be set for the same..When it comes to appointments in the High Court, the judge suggests that once the final recommendations are received by the Supreme Court, the sitting judge from the concerned state can be included in the Supreme Court collegium..What the Supreme Court Bench that is hearing the dispute will eventually do remains to be seen. The last hearing was witness to a showdown of sorts, with the AG arguing that a Memorandum of Procedure for judicial appointments would be drafted by the Executive, and not the Judiciary..Read Justice Kalifulla’s recommendations:
Among the 1450-odd suggestions on improving the collegium system received by the Justice Department, a sitting Supreme Court judge’s recommendations can be found..Justice FMI Kalifulla, who retires in July next year, has made a number of recommendations with regard to the current system of judicial appointments in high courts, so that there will be “no room for anyone to even think to tinker with the system”..Though he hasn’t stuck to the four criteria under which the Supreme Court has asked for suggestions on, Kalifulla J. has made the following four recommendations:.Strict time schedule.Throughout the document sent to the DoJ, Justice Kalifulla emphasized that time is of the essence..“…any collegium functioning in the High Court should have a time schedule within which it should complete the task of making its recommendation, say minimum of one month and a maximum of three months.”.Present and future vacancies.The Attorney General has said that the High Court Collegium should recommend names of prospective candidates at least six months in advance of the actual occurrence of the vacancy..It is point that the judge agrees with..“…the collegium, while commencing its function should consider not only the existing vacancies but also the future vacancies arising in the next six months.”.Independence of collegium.Kailfulla J. makes it clear that he is opposed to any sort of interference, Executive or otherwise, in the appointment of judges..“…once the collegium commences its proceedings, it should be ensured that it is cordoned of[f] and insulated from any external influence…and the procedure formulated for consideration of only eminent judges from service and learned lawyers from the Bar for elevation.”.Bar to recommend appointments.This suggestion is in tune with Justice Lokur’s three-step process, which was also recommended by the Centre.. “…based on the suggestions of the members of the Full Court, [the collegium should] constitute a committee consisting of EMINENT LAWYERS and JURISTS having not less than 25 years’ experience at the Bar of that State…”.Kalifulla J. has also elaborated on the procedure that should be followed. He argues that after the collegium prepares a list of names, the same should be considered by the aforementioned committee of experienced lawyers. This committee would then send its comments to the collegium..Justice Kalifulla has also called for transparency in this process and has recommended that a time limit be set for the same..When it comes to appointments in the High Court, the judge suggests that once the final recommendations are received by the Supreme Court, the sitting judge from the concerned state can be included in the Supreme Court collegium..What the Supreme Court Bench that is hearing the dispute will eventually do remains to be seen. The last hearing was witness to a showdown of sorts, with the AG arguing that a Memorandum of Procedure for judicial appointments would be drafted by the Executive, and not the Judiciary..Read Justice Kalifulla’s recommendations:
