New Delhi, Apr 4: The union government today favoured a review of a 1993 verdict of the Supreme Court which gave primacy to the judiciary over the executive in appointment of judges in the apex court and the high courts.
With Attorney General Goolam E Vahanvati supporting a petition by Suraz India Trust, an NGO, for the review of the October 1993 ruling, a bench of justices Deepak Verma and B S Chauhan referred the matter to the Chief Justice of India for considering if it could be referred to a larger bench.
The bench referred the matter to the CJI after both Vahanvati and senior counsel A K Ganguly, appearing as an amicus curiea, supported the petitioner's view that the judiciary should not have absolute power in appointment of the high court and the apex court judges.
Vahanvati, in his brief intervention, said the appointment process needs to be "reconsidered" in view of certain apparent inconsistencies in the apex court's 1993 judgement wherein the judiciary acquired primacy in the appointment of judges.
In response to a query from the bench, Vahanvati said the government was in the process of bringing in Parliament a Bill for necessary changes in the appointment procedure of judges but its enactment would take a long time.
Accordingly, he said the apex court can refer the matter to a constitution bench for reconsidering it.
Prior to 1993, appointments of the Supreme Court and the high court judges were made after a consultation process in which both the judciary and the executive had a say. PTI