Lok Sabha Question No. 1190 (UNSTARRED), answered on 2016-11-23
Subject: Appointment/Vacancies of Judges
Ministry: LAW AND JUSTICE
Asked by: DODDAALAHALLI KEMPEGOWDA SURESH, KALYAN BANERJEE, SHIVKUMAR CHANABASAPPA UDASI

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

## LOK SABHA UNSTARRED QUESTION NO.1190

## TO BE ANSWERED ON WEDNESDAY, THE 23.11.2016

## Appointment/Vacancies of Judges

1190. SHRI D.K. SURESH: SHRI KALYAN BANERJEE: SHRI SHIVKUMAR UDASI:

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

- (a)  whether  the  apex  court  struck  down  the  National  Judicial  Appointments  Commission  and upheld the exclusive authority of the collegium system to select higher judiciary candidates;
- (b) if so, the detail thereof;
- (c)  whether  all  five  ruling  judges  found  faults  with  the  said  collegium  system  and  if  so,  the details thereof;
- (d) whether the Government is taking any measures to put a better mechanism in place including initiatives to ensure merit and transparency for such selection of judges and if so, the details in this regard; and
- (e) whether recommendation for appointment of judges is pending before the Government and if so, the details and the response of the Government thereto?
- (a) : Yes, Madam.
- (b) : The Collegium system of appointment of Judges of the Supreme Court and High Courts ceased to exist consequent upon the coming into force of the Constitution(Ninety-Ninth Amendment) Act, 2014 and the National Judicial Appointments Commission Act, 2014 w.e.f  13.04.2015.  The  Supreme  Court  pronounced  its  judgement  on  16.10.2015  and declared both the Acts as unconstitutional and void. The Collegium system as existing prior to the enforcement of the Constitution (Ninety-Ninth Amendment) Act, 2014 was declared to be operative.
- (c) to (e): The Judgement was pronounced by a 5-Judge Bench having a majority of 4-1. While pronouncing the majority view, certain judges among them have expressed reservations on functioning of 'Collegium System' for appointment of Judges to High Courts and Supreme court.The  Supreme  Court  pronounced  its  Order  on  improvement  in  the  'Collegium System' on 16.12.2015. Vide this order they have decided that the Government of India may  finalize  the  existing  Memorandum  of  Procedure(MoP)  by  supplementing  it  in consultation with the Supreme Court Collegium. The Supreme Court has indicated broad categories  under  which  existing  MoP  can  be  supplemented  such  as  eligibility  criteria, transparency in the appointment process, Secretariat and complaints etc. The Government of India after due deliberations, proposed changes in the draft MoP's which were sent to the Hon'ble Chief Justice of India vide letter dated 22.3.2016.

The  response  of  the  Chief  Justice  of  India  was  received  on  25.5.2016  and 01.07.2016. The Supreme Court Collegium has agreed with some of the suggestions made in  the  revised  MoP  while  it  has  not  accepted  some  other  provisions.  The  views  of Government were conveyed to the Chief Justice of India on 3.8.2016.

Filling  of  vacancies  of  Judges  in  the  Supreme  Court  and  High  Courts  is  a continuous and collaborative process of the Judiciary and Executive. As the process of finalization  of  the  revised  MoP  was  likely  to  take  some  time,  on  the  initiative  of  the Government of India the matter was taken up with the Supreme Court and the process of appointment  of  Judges  has  been  resumed,  pending  finalization  of  the  revised  MoP. During  the  current  year,  as  on  21.11.2016,  124 Additional  Judges  have  been  made permanent and 120 fresh appointments of Judges have been made in the High Courts.

## ANSWER

## MINISTER OF LAW AND JUSTICE AND ELECTRONICS AND INFORMATION TECHNOLOGY

## (SHRI P.P. CHAUDHARY)

Out of 77 proposals submitted by Supreme Court Collegium(SCC), the Government has appointed 34 Judges in various High Courts and sent the names of 43 recommendees  to  the  SCC  for  reconsideration.  SCC  reiterated  the names  of  37 recommendees; the proposal of 3 recommendees has been deferred and the proposal of 3 recommendees are with SCC.

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