The matter of ‘segregation’ of names and the return of Justice Joseph’s file is being seen as a symbol of judicial independence, as all eyes are on how far the Collegium is keen to assert itself to the Centre and insist its nominees get sworn in.
Fali Nariman indicated that the current impasse over the appointment of a judge may be linked to the government “still smarting” under the Supreme Court’s decision to strike down the parliament’s decision to vote in favour of the NJAC which sought to control the appointment of judges.
"They should publish about how they judged a performance, whether they interviewed a prospective candidate or the criteria for appointment or the material that is to be considered in case of such an appointment.”
A five-judge constitution bench headed by Justice J S Khehar said that compilation of the written suggestions placed before it was in the nature of a summary prepared out of approximately 11,500 pages of views expressed.
A five-judge constitution bench asked the Centre to take into consideration suggestions on issues of eligibility, transparency, setting up Secretariat for appointment of judges, redressal of complaints and other issues in the MOP on appointment of judges.