The plea was mentioned by advocate Mathews J Nedumpara on Thursday before a bench of Chief Justice of India DY Chandrachud and justices Hima Kohli and JB Pardiwala.
Appearing on behalf of the petitioner, Nedumpara contended that the Supreme Court’s 2015 judgment which upheld the collegium system of selecting judges should be declared “void ab initio”.
Speaking for the bench, the CJI verbally questioned whether a judgment of the Constitution Bench of the Supreme Court could be reviewed in a writ petition under Article 32. He, however, assured that the plea will be taken up for hearing.
The petitioner has contended that the collegium system of appointment has failed and resulted in the august office of judges of the higher judiciary being monopolised by the kith and kin of serving and former judges of the Supreme Court and high courts.
The petitioner has sought directions to the Centre to bring about such legislative or administrative measures for the creation of a non-government/non-departmental public body, a judicial appointment commission independent of both the executive and the judiciary to select judges for higher judiciary, by inviting applications from all eligible candidates.
The petitioner has sought a mechanism which can ensure that judges are selected in a fair and open way. Such a selection should also appear to have been chosen in the fairest possible way, taking nothing into account other than merit and character, the petitioner has argued.