Follow Us:
Monday, July 04, 2022

Can’t formulate draft MoP for appointing judges: Centre tells SC

Attorney General Mukul Rohatgi said "it is not possible for the government to devise a draft MoP for judicial discussion. It is an unnecessary burden on this court."

By: PTI | New Delhi |
November 19, 2015 2:55:27 pm


Collegium system, Mukul Rohatgi, Collegium Centre, Government Collegium Supreme Court of India

Government on Thursday expressed its inability before the Supreme Court in formulating the draft Memorandum of Procedure (MOP) for appointment of judges in the higher judiciary.

Attorney General Mukul Rohatgi, who was yesterday asked by the five-judges constitution bench to prepare the draft MoP, said “it is not possible for the government to devise a draft MoP for judicial discussion. It is an unnecessary burden on this court. There is no procedure of draft MoP in the Constitution. We can’t issue it.”

Rohatgi rather asked the bench, headed by Justice J S Khehar, to issue directions for making the collegium system better and leave the task of drafting MoP. “There cannot be a continued mandamus. It has to end somewhere. Some finality has to be achieved,” Rohatgi said.

Best of Express Premium
UPSC Essentials: Key terms of the past weekPremium
ExplainSpeaking: Despite the fall, are Indian stock markets still overval...Premium
‘Peter Brook tried to destroy, recreate us. I wasn’t willing to be destro...Premium
In Gujarat, Covid crisis brings estranged couples together for second chancePremium

The bench, during the hearing, made it clear that it does not want to supplant but only supplement to the framework devised in pursuance to the nine-judges-bench in the second and the third judges case. The court is hearing the suggestions advanced by the government, lawyers and others for improving the collegium system of judicial appointments. It had yesterday asked the Centre to formulate a draft MoP, based on these suggestions, for appointments of judges to higher judiciary to be made by collegium.

The apex court in an unprecedented move had invited suggestions from all those who desired to improve the collegium system. A slew of suggestions, including provision for a well- defined criteria for prospective judges, have been mooted before the Supreme Court by various lawyers for improving the revived collegium system of appointments in higher judiciary. The government suggested a three-step procedure, to be made known publicly, of appointment of judges to the Supreme Court and High Courts that comprises the recommendation and
appointment through a consultative participatory exercise.

It has also suggested that “the minutes of the collegium meeting must be subject to RTI Act. The candidates must disclose membership of any political party. Rules/guidelines must be prescribed for selection of candidates to ensure transparency.” “There must be well-defined criteria that should be established by the Supreme Court for appointments to the High Courts and to the Supreme Court. The criteria must refer to age, merit, seniority, integrity, income criteria, academic qualification,” one of the suggestions collated by senior lawyer Arvind Datar and Additional Solicitor General Pinky Anand said.

Express Explained Go beyond the news. Understand the headlines with our Explained stories

📣 Join our Telegram channel (The Indian Express) for the latest news and updates

For all the latest India News, download Indian Express App.

  • Newsguard
  • The Indian Express website has been rated GREEN for its credibility and trustworthiness by Newsguard, a global service that rates news sources for their journalistic standards.
  • Newsguard
0 Comment(s) *
* The moderation of comments is automated and not cleared manually by