NEW DELHI: Union Law Minister Kiren Rijiju on Friday said it is not a general practice to seek Research and Analysis wing (R&AW) report on proposals for the appointment of judges in high courts and the Supreme Court. Feedback from R&AW is sought only in extraordinary circumstances that involve issues related to national security.
Responding to a question put forth by MP Manish Tewari on whether it is a fact that the Supreme Court collegium cited reports by R&AW regarding the sexuality of an advocate and whether it is the practice of the Government to use R&AW reports for the appointment of judges, the Law Minister said: “The Supreme Court Collegium (SCC) vide its minutes dated January 18, 2023, cited the report of the Research & Analysis Wing (R&AW), which inter-alia mentioned the sexuality of an advocate whose name has been recommended for appointment as a judge of the Delhi High Court.
“Generally, it is not a practice to seek R&AW reports on proposals for the appointment of judges in high courts and the Supreme Court except in extraordinary circumstances, involving issues related to national security.” He further said that as per the Memorandum of Procedure for Appointment of Judges of High Courts, the proposals recommended by the high court collegium for appointment as high court judges are to be considered in the light of such other reports/inputs as may be available to the government for assessing the suitability in respect of the names under consideration. Accordingly, Intelligence Bureau (IB) inputs are obtained and provided to the SCC for making assessments on the recommendees.”
The statements assume significance against the backdrop of a recent resolution of the Supreme Court Collegium dismissing the Centre’s objections to appointing advocate Saurabh Kirpal as Delhi High Court judge on the basis of R&AW reports.
Responding to another question of whether the sexual orientation of an Indian citizen is legally/constitutionally germane to their nomination as a judge and whether the government takes into consideration political leanings and online posts for consideration of appointment of judges, Rijiju, while referring to the recent ruling on advocate Victoria Gowri’s appointment, said that merit selection is the dominant method for judicial selections and the candidates to be selected must possess high integrity, honesty, skill, a high order of emotional stability, firmness, serenity, legal soundness, ability and endurance.
What the law says
As per the Memorandum of Procedure for Appointment of Judges of High Courts, the proposals recommended by the high court collegium for appointment as high court judges are to be considered in the light of such other reports/inputs as may be available to the government for assessing the suitability in respect of the names under consideration said Union Law Minister Kiren Rijiju