The observations, conveyed to the Supreme Court collegium, came after a thorough background check by the Intelligence Bureau and assessment of credentials of advocates being considered for selection as judges over the past three-four months. Sources said the law ministry has set up a mechanism to evaluate each recommendation made by high court collegiums.
Those recommended are assessed for merit and integrity, judgments the candidates are involved in, minimum annual income and reputation in the legal fraternity, and on personal and professional counts.
In view of a deadlock between the executive and the apex court over finalisation of the revised memorandum of procedure (MoP) for appointments to the higher judiciary, the government has set up its own vetting mechanism in the law ministry which carries out thorough background examination of candidates recommended for elevation.
‘30-40 lawyers didn’t meet income criteria’
At least 30-40 candidates didn’t meet the eligibility criteria on income requirements, sources said.
Lawyers need to have an average annual income of Rs 7 lakh in the preceding five years to be considered for HC judgeship. Performance evaluation saw a review of judgments cited by each candidate.
During the evaluation, law officials went through at least 1,000-1,200 judgments.
IB checks revealed issues with personal and professional integrity in some cases, while nepotism and favoritism also cropped up with some found to be close relatives of sitting and retired SC and HC judges. The proportion of such recommendations raised eyebrows in some high courts.
On August 1, TOI had reported how the government had cited nepotism in picks for Allahabad HC judgeships.
Out of 33 lawyers recommended by the Allahabad HC collegium for elevation, IB verification and background checks found half-adozen to be related to sitting and retired SC and HC judges.
It was also believed that the list was skewed in favour of upper castes with fewer SCs, STs, OBCs, minorities and women.
While making critical observations on these recommendations sent by around 16 HCs, the government has requested the SC collegium to “consider these issues while making recommendations”.
Meanwhile, similar background checks and IB verification are being conducted on around 30 names sent by various HC collegiums.
For the MoP, pending with the SC since July 2017, the government had suggested certain modifications. It was in favour of setting up a secretariat in HCs as well as the SC which would draw up a list of prospective candidates after background checks on competence and integrity.
The secretariat would help the collegium firm up proposed candidates’ list which could be recommended for elevation.
from Times of India https://ift.tt/2vWMxyQ
