This is an archive article published on June 19, 2018
Don’t doubt govt intention in appointing next CJI, says Ravi Shankar Prasad
Asked whether the government will follow the convention of appointing Justice Ranjan Gogoi as the next CJI when Misra demits office on October 2, the minister said the question is “imaginary”, and that the convention is “clear”.
Law Minister Ravi Shankar Prasad. (Express Photo/File)
Union Law Minister Ravi Shankar Prasad on Monday said that the government’s “intention should not be doubted” over the appointment of the next Chief Justice of India, and the Centre will “discuss” the appointment of CJI Dipak Misra’s successor after he recommends a name for elevation.
Asked whether the government will follow the convention of appointing Justice Ranjan Gogoi as the next CJI when Misra demits office on October 2, the minister said the question is “imaginary”, and that the convention is “clear”: that the “sitting chief justice names the seniormost judge (of the top court) as successor”.
Prasad said, “When the name comes to us (government), we will discuss it…. But no one has the right to doubt our intention (on appointment of the next CJI).”
Responding to a question on the Law Ministry seeking opinion of the Attorney General on the proposal to start All-India Judicial Services for appointment in lower judiciary, Prasad said the government will not encroach upon the autonomy of high courts as far as subordinate judiciary is concerned. But, he said, there is a “compelling need for a centralised selection process” of judges.
Pointing out that there are 5,436 vacancies in lower judiciary, the minister said the Central government —“and also perhaps the state government”— however has no role in appointments in lower judiciary. “Only the High Court makes the appointments by holding the examination. I have written to the Chief Justice of India that we need to fill it up (vacancies)…. It is very important that there must be infusion of new talent in subordinate judiciary,” Prasad said.
He said, “I am very keen that young (graduates) coming from National Law Schools also take these examinations. I am very keen that the marginalised communities, SC/ST and OBC, get representation. This is how a new pool will be created…. But we don’t want to encroach upon the autonomy of high courts as far as subordinate judiciary is concerned.”
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There is, however, a “compelling need for a centralised selection process” of judges, he added.
In the backdrop of the tussle between the executive and the judiciary over appointment of judges, Prasad pointed out that besides the stay on judges’ appointment in 2014 and 2015 due to the NJAC Act issue, the Centre has appointed 126 judges in 2016 and 117 judges in 2017, and that the appointment of more judges is in the pipeline.
“We will surpass our own record of (appointing 126 judges in 2016) when this year comes to an end,” he said.
Addressing the media to highlight the Law Ministry’s achievements in the four years of the Narendra Modi government, Prasad also said that the government is in discussions to finalise the memorandum of procedure (MoP) for appointment of judges. “We are discussing (the) MoP. The Government of India and the Supreme Court need to jointly decide on it…. However, our (government) view (on MoP) is that norms of those selected (as judges) have to be mentioned (in the document),” he said.
Kaunain Sheriff M is an award-winning investigative journalist and the National Health Editor at The Indian Express. He is the author of Johnson & Johnson Files: The Indian Secrets of a Global Giant, an investigation into one of the world’s most powerful pharmaceutical companies.
With over a decade of experience, Kaunain brings deep expertise in three areas of investigative journalism: law, health, and data. He currently leads The Indian Express newsroom’s in-depth coverage of health.
His work has earned some of the most prestigious honours in journalism, including the Ramnath Goenka Award for Excellence in Journalism, the Society of Publishers in Asia (SOPA) Award, and the Mumbai Press Club’s Red Ink Award.
Kaunain has also collaborated on major global investigations. He was part of the Implant Files project with the International Consortium of Investigative Journalists (ICIJ), which exposed malpractices in the medical device industry across the world. He also contributed to an international investigation that uncovered how a Chinese big-data firm was monitoring thousands of prominent Indian individuals and institutions in real time.
Over the years, he has reported on several high-profile criminal trials, including the Hashimpura massacre, the 2G spectrum scam, and the coal block allocation case. Within The Indian Express, he has been honoured three times with the Indian Express Excellence Award for his investigations—on the anti-Sikh riots, the Vyapam exam scam, and the abuse of the National Security Act in Uttar Pradesh. ... Read More
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Law Minister Ravi Shankar Prasad. (Express Photo/File)
