New Delhi:
The Centre on Thursday rejected the Supreme Court's suggestion that it submit a draft procedure for appointing judges, saying that would undermine the role of Chief Justice of India.
The collegium should act on the final suggestions to improve the system of appointing judges, the government told the top court.
The Constitution bench of the Supreme Court, headed by Justice JS Khehar, had on Wednesday asked the government to incorporate suggestions for improving the existing system into a draft procedure for the collegium to be followed.
Attorney General Mukul Rohatgi told the court that the collegium system envisages consultation with Chief Justice and four other senior judges of the top court. The procedure - under which appointments are made by the collegium to the higher judiciary - was prepared in 1998 by the Centre in consultation with the Chief Justice of India and this procedure had been accepted by the successive Chief Justices, he said.
If the bench of five judges, hearing the matter, were to pass a judicial order on the draft procure it would be binding on the Chief Justice of India, the AG said. The government, he pleaded, does not want a situation where Chief Justice of India's role will be undermined.
The government told the court that it will either come out with a procedure in consultation with the Chief Justice of India or leave it to the collegium to improve the system.