[Appointment Of Judges] Centre Wrote To CJI To Finalize MoP On Jan 6, Response Of SC Not Yet Received

The Union Law Minister, Kiren Rijijju was essentially responding to a question put up by INC MP from Kerala, Kannoth Muraleedharan as to whether the Government has taken any steps to finalize the Memorandum of Procedure for appointment of the judges of the Supreme Court of India and the High Courts.

In his response, the Union Law Minister referred to the Supreme Court’s judgment in the NJAC matter (2016) asking the Centre to finalize the Memorandum of Procedure by supplementing it in consultation with the Chief Justice of India.

Pursuant to this, the reply adds that the Government and Supreme Court/CJI exchanged their views (through various communications addressed to each other) on the draft MoP between March 22, 2016, and March 13, 2017. 

Further, the reply of the Union Law Minister informs the Loksabha that the Centre took into account at least 4 Judgments of the Supreme Court (specified below) and submitted its response to various aspects pertaining to the appointment of Judges as well as the MoP and the latest communication in this regard is of January 6, wherein it was emphasized that there is a need to finalize the MoP, however, no response to the same has been received from the SC as yet.

The reply of the Union Law Minister states that the Supreme Court in a 2017 judgment pertaining to Suo-Motu Contempt proceedings against a Judge of Calcutta High Court highlighted the need to revisit the process of selection and appointment of Judges to the Constitutional Courts, and the views of the Government on the relevant points were conveyed to SC, however, the response of Supreme Court is still awaited.

The reply further refers to a Judgement of the Supreme Court delivered in the case of Krishnakant Tamrakar vs The State Of Madhya Pradesh wherein deficiencies in the system were highlighted and the need to improve the process of appointment of Judges to the Constitutional Courts was emphasized.

Significantly, the Union Law Minister also informed the Lok Sabha that in the case of M/s PLR Projects Pvt Ltd. vs Mahanadi Coalfield Ltd. and Ors, the Supreme Court in April 2021 laid down additional timelines in respect of the time taken by the Government in processing the proposal for appointment of Judges of High Courts, however, the reply adds, these timelines are not yet a part of MoP.

Regarding the issue of appointment of retired judges at sittings of High Courts under Article 224A of the Constitution of India, the reply states that the Supreme Court, while hearing another case of Lok Prahari through its General Secretary V N Shukla IAS (Retd) vs Union of India and others LL 2021 SC 225, laid down the fresh criterion for their appointment and after detailed deliberation, Government submitted its views to the Chief Justice of India on August 18, 2021, to supplement para 24 of existing MoP (which provides for the appointment of retired judges at the sitting of High Courts under Article 224A) and the said issue is still under consideration of the Supreme Court.

"In view of various judicial pronouncements and suggestions by the Supreme Court, the Government in its recent communication dated 06.01.2023 to the Chief Justice of India, has emphasized on the need to finalize the MoP. The response is yet to be received from the Supreme Court," the reply concludes.