The Union Government and Judiciary are once again on crossroad on the issue of the appointment of Judges of High Court and the Supreme Court.
According to sources, Government wants the Judges to be selected from its list of the candidates and Union Law Ministry is understood to have circulated a draft proposal to this effect.
At present the SC collegium, headed by the Chief Justice of India has the final say in the selection of the Judges and the government has no choice but to accept the recommendation of the collegium as per the judgement of the apex court in the case of Advocates on record Association Vs Union of India and others.
CJI has made it clear he has no problem with the Government making new law on the appointment of the Judges.
But at present the SC collegium is going by the judgement of the SC which is binding on the government as well on the collegium.
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An another but most vital aspect is that the process by which the aspirants (for HC Judges) are brought from lower judiciary to the level of District Judge has not yet been scanned either by Hon'ble CJI or his collegium otherwise the scenario would have been different. To pacify the rumpus forever first step should be to transfer the HC Judges from their parent HC/states soonest after the confirmation. Secondly the length of lower judicial service should be treated at par with the length of experience as legal practitioner as for as experience to higher judicial service is concerned. The day has come to conduct test for appointment to the post of HC Judges too but the question papers should contain facts, evidences....and the aspirants should be asked to pass judgment/order and thereafter Apex Court would evaluate the answers and the aspirants too personally by way of interaction.