In response to queries by Congress MP Manish Tewari, Law Minister Kiren Rijiju has stated that the Research & Analysis Wing (R&AW) reports are sought by the government only in exceptional circumstances involving issues of national security for the appointment of judges in High Courts and the Supreme Court.
The Memorandum of Procedure for Appointment of Judges of High Courts requires proposals recommended by the High Court Collegium for the appointment of High Court Judges to be assessed in the light of available reports/inputs by the government for evaluating the suitability of the candidates under consideration.
Intelligence Bureau (IB) inputs are obtained and provided to the Supreme Court Collegium for assessing the recommendees.
The response further cites Supreme Court judgments stating that candidates for judgeship must possess high integrity, honesty, skill, emotional stability, firmness, serenity, legal soundness, ability, and endurance.
The Supreme Court has also stated that political leanings or expressions of views by a candidate do not disqualify them from holding a constitutional office as long as they are competent, merit-based, and of high integrity.
The response also cites the SC judgment in Victoria Gowri’s case, which notes that political background by itself is not an absolute bar to appointment to a suitable person. Similarly, criticism of policies or actions by the recommended persons has not been treated as a ground to deem them unsuitable.
The recent controversy arose after the Supreme Court Collegium reiterated its recommendation to appoint Senior Counsel Saurabh Kripal as a Judge of the Delhi High Court, citing R&AW reports that mentioned his sexuality. The Law Minister's response does not clarify whether sexual orientation is considered relevant to the appointment of judges.
The government, as an important stakeholder in the appointment process, provides inputs primarily containing information on the suitability, competence, and integrity of the candidates under consideration for appointment to high constitutional posts in the judiciary.
The recommendations, along with the government's inputs, are then submitted to the SCC for advice. However, the government only appoints those recommended by the SCC.
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