Lok Sabha Question No. 546 (UNSTARRED), answered on 2022-12-09
Subject: Memorandum of Procedure for Appointment of Judges
Ministry: LAW AND JUSTICE
Asked by: A.K.P. Chinraj, Sadashiv Kisan Lokhande

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

## LOK SABHA

## UNSTARRED QUESTION NO. 546

## TO BE ANSWERED ON FRIDAY, THE 09.12.2022

## Memorandum of Procedure for Appointment of Judges

## 546.   SHRI A.K.P. CHINRAJ: SHRI SADASHIV KISAN LOKHANDE:

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

- (a) the  status  of  Memorandum  of  Procedure  (MoP)  for  recruitment  of  judges  in High Courts and Supreme Court of India and the matter of dispute between the Government and the judiciary regarding MoP;
- (b) the  changes  desired  by  the  judiciary  in  MoP  and  the  constraints  of  the Government in implementing these changes;
- (c) whether the Government has received any letter from Supreme Court/Collegium with regard to change of timeline in appointment of High Court Judges in line with  Judge  of  supreme  court  in  M/s  PLR  Projects  Pvt.  Ltd.  vs.  Mahanadi Coalfield Ltd. and Ors. [transfer petition (civil) no: 2419 of 2019] and if so, the details thereof; and
- (d) whether the Government has any proposal to amend the MoP for appointment of Judges  of  High  Court  in  line  with  Judgement  of  Supreme  Court  in  the  above mentioned petition, if so, the details thereof?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

(a) to (d): Appointment  of  Judges  in  the  High  Courts  is  an  administrative  matter between  the  Executive  and  the  Judiciary.  As  per  the  existing  Memorandum  of Procedure for appointment of Judges of the High Courts, the Chief Justice of the High Court

concerned  is  required  to  initiate  the  proposal  for  filling  up  the  vacancy  six  months prior to the occurrence of the vacancies.

Hon'ble Supreme Court while hearing WP(C) 13 of 2015 in NJAC matter issued detailed  Order  on  16.12.2015  on  supplementing  the  Memorandum  of  Procedure (MoP).  In  para  10  of  the  ibid  Order,  it  was  laid  down  that  Government  of  India mayfinalize the Memorandum of Procedure by supplementing it in consultation with the  Chief  Justice  of  Indiataking  into  consideration  eligibility  criteria,  transparency, establishment of secretariat and mechanism to deal with complaints. The Chief Justice of  India  will  take  a  decision  based  on  the  unanimous  view  of  the  Collegium comprising of four senior most puisne Judges of the Supreme Court.

The  Government  of  India  after  due  deliberations,  proposed  changes  in  the existing MoP and the draft MoP's 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 inputs on the MoP of the Supreme Court Collegium was  received from Chief Justice of India vide letter dated 13.03.2017.In another judgment dated 04.07.2017 of Supreme Court in a 'suo moto' contempt proceeding against a Judge of the Calcutta High Court, the Supreme Court has 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.

The  Supreme  Court  has  prescribed  additional  timelines  to  be  followed  by constitutional authorities in the matter of processing of appointments of Judges to the High Courts vide its order dated 20.04.2021 in M/s PLR Projects Pvt Ltd. vs Mahanadi Coalfield  Ltd.  and  Ors  [transfer  petition  (civil)  no:  2419  of  2019].    However,  these timelines  are  not  yeta  part  of  MoP.Supreme  Court  in  a  separate  judgement  dated 20.04.2021 in WP(C) 1236 of 2019 on the matterof appointment of retired judges at sittings of High Courts under Article 224A of the Constitution of India, has laid down fresh criterion for their appointment. After detailed deliberation, Government has

submitted its views to the Chief Justice of India on 18.08.2021 to supplement para 24 of existing MoP which provides for the appointment of retired judges at the sitting of High  Courts  under  Article  224A.  No  separate  letter  has  been  received  from  the Supreme Court/Collegium with regard to change of timeline in appointment of High Court Judges

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