The draft Memorandum of Procedure which would laydown the broad framework to facilitate appointment of Supreme Court and High Court judges by the collegium, has reached the Prime Minister's Office for approval before being handed over to the CJI.
The NDA government wants both the Centre and state governments to have say in recommending candidates for appointment to the higher judiciary.
The revised draft memorandum of procedure (MoP), which was recently approved by an inter-ministerial group, has been sent to the Prime Minister's Office by the Law Ministry for final clearance. It would then be sent to the Chief Justice of India for final approval, sources said.
While delivering its verdict on ways to make the collegium system more transparent, the apex court had asked the government to rework the MoP in consultation with the states and high courts.
The draft MoP, which guides the collegium in the appointment of judges, suggests that the Attorney General at the Centre and Advocates General in the states should have a say in recommending candidates for appointment and elevation of judges of the Supreme Court and high courts.
If the Supreme Court accepts the draft, then effectively the government can also suggest candidates as the AG is the top law officer appointed by the government.
In the appointment of judges to the high court, all the high court judges as well as the respective Advocates General of the state will be free to recommend their candidates, the draft says. That would mean that the state governments can also recommend candidates through their Advocates General.