'SC judges to be appointed through independent council'

The government has issued an ordinance with provision to appoint judges for the Supreme Court through an independent "Judicial Appointment Council".

The gazette of this ordinance was published on Tuesday (January 21) evening.

The ordinance states that the Supreme Judicial Appointments Council will be formed to assist the Chief Justice in advising the President for appointment of judges to the Supreme Court. The Chief Justice will be the Chairperson of the council.

Other members of the council will include the senior-most judge of the Appellate Division, the senior-most judge of the High Court Division, the senior-most judge appointed from the Judicial Affairs Division, a retired judge of the Appellate Division nominated by the Chairperson, the Attorney General and a legal expert. The Registrar General of the Supreme Court will serve as the secretary of the council.

The ordinance states that the age of the candidate should not be less than 45 years in any case for appointment of judges and additional judges of the Supreme Court. In addition, the candidate must have special knowledge in a specific branch of law.

In the case of appointment to the High Court Division, the Council has been asked to consider the candidate's qualifications, work quality, practical experience and reputation as an advocate. In addition, the Council has been asked to consider experience in court management, judicial work, honesty and reputation.

In the case of appointment of judges of the High Court Division, it has been asked to consider various factors including the number of cases disposed of as additional judges, the quality of judicial orders and decisions, court management.

In the case of appointment of judges of the Appellate Division, it has been asked to consider seniority as a judge of the High Court Division, the number of cases disposed of, court management, and overall efficiency.

The Ordinance also states that the Chief Justice will inform the President of his advice on the appointment. Within 15 days of receiving the advice, the President will appoint the recommended persons as judges. If there is any disagreement, the President can send the proposal to the Chief Justice for review. In that case, the Chief Justice will quickly present the President's request to the Council.