J&K Govt opposes Central Selection Mechanism for subordinate judiciary appointments

This comes after the Supreme Court of India had sent a concept note to all the states with a proposal for a Centralized Selection Mechanism for appointment of Judicial Officers in the subordinate courts of the states and had sought suggestions from all the states.

Since the case involved the interpretation of the Constitution, the J&K Government hired the services of Rakesh Dwivedi, Senior Advocate in addition to Shoeb Alam, Advocate on record to defend the State.

The State Government filed a detailed affidavit highlighting the constitutional peculiarity before the Apex Court.

“Appointment of District Judges is a Constitutional power vested with the Governor to be exercised in consultation with the State High Court. Thus this power cannot be taken away or abridged by exercise of judicial powers by court,” the J&K counsel argued.

The J&K government said the High Court in the state exercises greater independence than the High Courts of other states as the entire state judiciary including the High Court and the subordinate courts are not constituted under the Constitution of India but that of J&K.

The Counsel stated that the proposed CSM will require the state of J&K to recruit candidates from the centralized pool of successful candidates.

The J&K state cannot appoint non-permanent resident candidates, as eligibility criteria for appointment as district judges of J&K is prescribed under the Jammu and Kashmir Judicial Services , Rule 9 whereof no person shall be eligible for appointment to the service unless  she or he is a permanent resident of J&K state and the citizen of India.

The counsel of J&K State said scope of Article-312 of the Constitution of India relating to the All India Services has been extended to the creation of an All India Judicial Service by 42nd amendment Act 1976 and the said the amendment has not been extended to the state of J&K.

The counsel on behalf of J&K state stated that the J&K enjoys special relationship unlike other states in the union of India inter alia by virtue of Articles 370 of Constitution of India and that the Constitution of India is applicable to the state of J&K only to the extent it is applied to the state by the exercise of presidential power in terms of Article 370 of Constitution of India.

After hearing the response from the J&K state, the Apex Court  bench comprising Chief Justice J S Khehar, Justices Adarsh Kumar Goel and A M Khanwilka said  a revised concept note will be prepared so that it will be  circulated to High Courts of objecting states  so that they may be given option to opt out of the CSM.

(Reporting by Saleem Iqbal Qadri)