NEW DELHI: The government and the Supreme Court are trying to iron out their differences over the new guidelines for selecting high court judges, mainly over alleged involvement of any candidate in anti-national activities that the court wants to be put on record while the Centre wants it to be considered only orally by the collegium. As first reported by ET, the apex court had in May 2016 returned to the government the revised Memorandum of Procedure (MoP) for selecting high court judges. “The difficulty with putting such evidence on record is that if despite producing the evidence and making it part of the official record the candidate is cleared for judgeship, it will bring a bad name to the institution (judiciary),” a senior government official privy to the development told ET on condition of anonymity.
Conversely, the official said, if the candidate is rejected on the basis of the evidence furnished by the government, the evidence will sully the candidate’s official record forever.
“In the interest of the institution and the candidate, it is prudent that such evidence be verbally shared with the collegium,” the official said. The Supreme Court is, however, of the view that any “incriminating material” produced by the government against a candidate should be put on record.
As carried in ET on 15/9/2017