Govt has sent fresh letter to CJI on MoP

By: |
New Delhi | August 9, 2016 6:21 PM

The government is working with the judiciary to iron out differences over the revised Memorandum of Procedure (MoP) which guides appointment of judges and has sent a fresh letter to the Chief Justice of India in this regard.

The whole process as per MoP takes six months as states/ intelligence bureau and Supreme Court collegium are consulted and then the case is processed for approval, Prasad said. (PTI)The whole process as per MoP takes six months as states/ intelligence bureau and Supreme Court collegium are consulted and then the case is processed for approval, Prasad said. (PTI)

The government is working with the judiciary to iron out differences over the revised Memorandum of Procedure (MoP) which guides appointment of judges and has sent a fresh letter to the Chief Justice of India in this regard.

Law Minister Ravi Shankar Prasad said in the Rajya Sabha that the letter was written on August 3 but did not give details.

The fresh letter was sent after the Supreme Court collegium did not accept some suggestions for the MoP while agreeing to some others, he said.

“The government, after careful consideration of the matter, has sent its response to the Chief Justice of India vide letter dated August 3, 2016,” Prasad said.

He was making a statement on a Calling Attention Motion of Congress member Vivek Tankha regarding ‘The situation arising out of the impasse in the appointment of judges in High Courts and the Supreme Court’.

The minister maintained that the government is making efforts to supplement the existing MoP by making the appointment process transparent, fair and accountable within the parameters set by various supreme court judgements and at the same time ensuring independence of judiciary.

Prasad said the additional judges whose tenures were ending were given three months’ extension as per the apex court order while the validity of the National Judicial Appointments Commission Act is being heard by the Supreme Court.

“No other appointments were made,” he said, adding 112 additional judges were given extension of tenure during the period.

Prasad said the process of appointment of judges has been resumed as the process of finalisation of MoP is likely to take some time.

“During 2016, 100 additional judges have been made permanent and 52 fresh appointment of judges have been made,” he said.

“Proposals for appointments have been received from High Courts from February 2016 ownwards,” he said, adding three Supreme Court judges have also been appointed.

The whole process as per MoP takes six months as states/ intelligence bureau and Supreme Court collegium are consulted and then the case is processed for approval, Prasad said.

Earlier, Tankha said there has been a complete bottleneck in appointment of judges in last one and a half years. “We are staring at a stalemate”.

Noting that there are huge vacancies in courts, he said unless these vacancies are filled, it would be difficult to take up the pending cases.

Tankha said the systems of fast track courts, ad-hoc judges and Gram Nyayalya (rural courts) are not functioning.
He asked the government how early it would finalise the MoP.

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