Constitutional experts say the government's decision to segregate the file of senior advocate general Gopal Subramanium from those of three others whose names were together proposed by an apex court collegium for the position of Supreme Court judges compromises the judiciary and can be challenged.
Earlier this week Subramanium had written to the Chief Justice of India withdrawing his consent for appointment as a Supreme Court judge. He had alleged that the Modi government had segregated his file — something that is against the Constitution's framework and the apex court rulings. In his 8-page letter, he wrote: "I further understand that this segregation has been carried out without the file being sent back to the collegium for reconsideration... the aforesaid three appointments appear to be against the prescribed by the constitution and by Supreme Court in various pronouncements."
Constitutional expert PP Rao told dna: "If the government has not followed the procedure laid down by the Supreme Court, then this violation can be challenged but that is not going to serve the purpose. The government should consult the collegium before taking any step on its own over the names recommended by the Supreme Court collegium."
Senior Advocate Kamini Jaiswal said: "The independence of the judiciary has been compromised and the collegium should persuade Subramanium and resend his name to the government for consideration."