A source said the top judiciary wants the MoP to instead mention 'seniority-cum-merit' as the criteria for appointment to higher judiciary. The government finds little logic in such assertions as in any case the collegium's decisions would be good ground for evaluating the candidature of a judge in any future appointment. The government has engaged the attorney general in framing a comprehensive response to the collegium's suggestions and a response is likely to be sent to the top judiciary. If 'merit-cum-seniority' is the criterion, officials believe, a senior judge who is not a chief justice of any high court can also be considered for elevation to the SC.Also, this criteria could allow a junior judge to supersede a senior for the post of chief justice of a high court.The merit-seniority issue assumes significance as the government had recently referred back a recommendation to the collegium for the second time even when it was reiterated by the latter for appointment of a chief justice of a prominent high court. It has said that it is free to appoint as many it finds deserving and cannot be bound by the government-framed MoP that puts a cap.The collegium, while rejecting the MoP, also reasoned that it should not be bound by any rule to write reasons for rejecting a candidate as that would mar the future prospects of the candidate for elevation or appointment.

Source: Times of India June 11, 2016 20:05 UTC