There is no love lost between the government and the Supreme Court. The latter is said to hold its ground on the rejection of several crucial clauses in the government's draft Memorandum of Procedure for appointment of judges. This is despite External Affairs Minister Sushma Swaraj and former Union Law Minister D.V. Sadananda Gowda meeting Chief Justice of India T.S. Thakur separately to bring about unanimity between the SC and the government over judicial appointments.
The SC collegium, convened recently, has taken offence to the government putting a premium on merit and not seniority in contravention of the existing norm. The collegium has insisted that both merit and seniority be accounted for in a balanced manner.
Further, the CJI has expressed reservations on a government proposal for a panel of retired judges to vet the applications of judicial candidates before they are forwarded to the collegium for its recommendations.
Besides, the government wants to vest itself with the authority to reject a judicial candidate, recommended by the collegium, on grounds of national security . Finally, the government wants the Attorney-General of India and Advocates General of States to have a role in the appointment of Supreme Court and High Court judges. Presently, the government is bound to comply if the Supreme Court collegium chooses to override its disapproval of a person recommended for judicial appointment. If the government returns the candidate's file to the collegium, and the latter reiterates its recommendation, the government has no choice but to comply.