Government Well Within Its Right to Seek Reconsideration in Appointment of Supreme Court Judges: Sources

New Delhi: The NDA government, under fire from the Chief Justice of India for rejecting former Solicitor General Gopal Subramanium's name from the list of candidates recommended by a Supreme Court collegium for appointment as judges of the Supreme Court today clarified that the "element of segregation was built into the process of reconsideration". (Gopal Subramanium to NDTV: CBI asked to 'Dig Up Dirt' on Me)

Government sources, while talking to NDTV, referenced a 1993 Supreme Court judgement to justify the government's decision to drop the name of Mr Subramanium, 56, from the panel of four names recommended for elevation as Supreme Court judges. (President Okayed Decision to Drop Gopal Subramanium's Name From List: Sources)

"The 1993 ruling stated clearly that the government had the right to seek a reconsideration. But in case the collegium reiterated its position, the government has no option but to comply with its recommendation,'' they said.

The government argues that Mr Subramanium himself withdrew his candidature, leaving no room for the collegium to resend its original list of candidates to the government.

A 9-judge bench of the Supreme Court had, in a judgment passed in 1993, established the primacy of the judiciary in the appointment of judges. Under the collegium system, the executive has no say in appointments as the recommendations of the collegium are final and binding on the government.

Union Law Minister Ravi Shankar Prasad has taken pains to emphasise that there was no attempt to undermine the judiciary's authority. "We will do everything to uphold the dignity of judiciary," he said.

In remarks that were seen as a huge embarrassment for the Narendra Modi government, Chief Justice of India R M Lodha had yesterday criticised it for dropping the former Solicitor General from a panel of four names recommended for appointment as Supreme Court judges. (Chief Justice Criticises Government for 'Segregating' Gopal Subramanium)

Justice Lodha said he had taken objection to the "segregation unilaterally done by the executive without my knowledge and consent," and went on to add that, "The independence of the judiciary can't be allowed to be compromised. If I knew that the independence of the judiciary had been compromised, I will not hold my office even for a second.''