Lok Sabha Question No. 5981 (UNSTARRED), answered on 2018-04-04
Subject: Allegations against CJI
Ministry: LAW AND JUSTICE
Asked by: J.C. DIVAKAR REDDY, N.K. PREMACHANDRAN, RAMACHANDRAN MULLAPPALLY, THOKCHOM MEINYA, (ADV.) JOICE GEORGE, LALLU SINGH, NALIN KUMAR KATEEL, C. N. JAYADEVAN, MUTHAMSETTI SRINIVASA RAO (AVNTHI), K. C. VENUGOPAL, OM BIRLA, SAUGATA ROY, ANJU BALA, DODDAALAHALLI KEMPEGOWDA SURESH

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 5981

## TO BE ANSWERED ON WEDNESDAY, THE 04.04.2018

## Allegations against CJI

5981.  SHRI J.C. DIVAKAR REDDY:

SHRI N.K. PREMACHANDRAN:

SHRI MULLAPPALLY RAMACHANDRAN:

DR. THOKCHOM MEINYA:

ADV. JOICE GEORGE:

SHRI LALLU SINGH:

SHRI NALIN KUMAR KATEEL:

SHRI C.N. JAYADEVAN:

SHRI MUTHAMSETTI SRINIVASA RAO (AVANTHI):

SHRI K.C. VENUGOPAL:

SHRI OM BIRLA:

PROF. SAUGATA ROY:

SHRIMATI ANJU BALA:

SHRI D.K. SURESH:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether  it  has  come  to  the  notice  of  the  Government  that  a  group  of  senior judges in Supreme Court has raised allegation against the Chief Justice of India and the procedure followed by him;
- (b) if so, the details thereof and the action taken thereon;
- (c) whether  the  Government  has  received  complaints  regarding  the  unhealthy practices followed in the Supreme Court and the High Courts, if so, the details thereof and the reaction of the Government thereto;
- (d) whether  the  Government  proposes  any  legislation  to  ensure  transparency  in judicial and administrative functions of the judiciary and maintain solidarity within the uppermost echelons of the judiciary in the light of the allegations raised by the senior judges against the Chief Justice and if so, the details thereof;
- (e)  whether the Government plans on establishing guidelines or provide assistance to the Supreme Court with regard to distribution of cases and other administrative  matters  associated  with  the  functioning  of  the  various  courts  in India and if so, the details thereof; and
- (f) whether the long-pending Memorandum of Procedure (MoP) for appointment of judges has been one of the major factors for problems in judiciary and if so, the current status of the MoP?

## ANSWER

## MINISTER OF  LAW & JUSTICE AND ELECTRONICS & INFORMATION TECHNOLOGY (SHRI  RAVI SHANKAR PRASAD)

(a) to (c): The Government has not received any information from the Supreme Court of India in this regard. However, issues relating to the Judiciary have been highlighted in the media with some related representations. Judiciary being an independent organ under  the Indian Constitution is capable  of handling its internal matters.  The Government is committed to the independence of Judiciary and does not and should not  intervene in its functioning.

- (d) and  (e): No Madam.
- (f):    The  Supreme Court of India  vide order dated 16.12.2015 in Writ Petition (Civil) No. 13 of 2015 for improvement in the 'Collegium System', directed the Government to finalize  the  existing  Memorandum  of  Procedure  (MoP)  by  supplementing  it  in consultation with the Supreme Court Collegium taking into consideration factors such as eligibility  criteria,  transparency,  establishment  of    Secretariat,  and  mechanism   to deal  with    complaints.  The  Government  of  India  after  due  deliberations,  proposed changes in the existing MoP and the draft   MoPs   were sent to the   Hon'ble   Chief Justice of India vide letter dated 22.03.2016. The response of the Chief Justice of India thereon was received on 25.05.2016 and 01.07.2016. The views of the Government were  conveyed  to  the  Chief  Justice  of  India  on  03.08.2016.  The  comments  of  the Supreme Court Collegium on the MOP were received from Chief Justice of India vide letter dated 13.03.2017.

Meanwhile,  Supreme Court  in  its    judgment  dated  4.7.2017    in  a  'suo  moto' contempt proceeding against a Judge of the Calcutta High Court, underlined the need to  revisit  the  process  of  selection  and  appointment  of  Judges  to  the  Constitutional Courts. The Government of India has conveyed the need to make improvement on the draft MoP to the Secretary General of the Supreme Court vide letter dated 11.07.2017, including  the  need  for  appropriate  screening  while  making    appointment  to  high Constitutional offices  of High Courts  and Supreme Court Judges.

As the process of finalizing the supplementation of the existing Memorandum of Procedure (MoP) was likely to take some time, at the initiative of the Government, the matter of continuing the appointment process was taken up with Supreme Court and it is continuing in accordance with the existing MoP to fill the vacancies of Judges in the Supreme Court and the High Courts.

The Judges appointed during last 3 years in the Supreme Court and High Courts are given below:-

| Years                   | Supreme Court   |   High Courts |
|-------------------------|-----------------|---------------|
| 2016                    | 4               |           126 |
| 2017                    | 5               |           115 |
| 2018 ( upto 28.03.2018) | -               |            11 |