The Supreme Court recently flagged the issue of pending Judges appointments, as the government notified the appointment of eight High Court Chief Justices.
What is the procedure for appointment of Judges?
- The Memorandum of Procedure (MoP) is a document outlining the rules and procedures for the appointment of judges to the Supreme Court and High Courts in India.
- It was developed collaboratively by the government and the judiciary.
- The MoP emerged from three key Supreme Court judgments known as the “three judges cases“.
- Following these rulings, the government established the MoP in 1999, detailing the appointment process for judges and chief justices.
- According to Article 124, every judge of the Supreme Court shall be appointed by the President after consultation with such Judges of the Supreme Court and of the High Courts.
Current Framework
- Recommendations for Supreme Court judges must come from the Collegium, which consists of the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court.
- The CJI is required to consider the opinions of the senior-most judge from the same High Court as the recommended candidate.
- After this process, the recommendation is forwarded to the central government, with the law minister submitting it to the prime minister for advice to the President.
Need for a Re-evaluation:
- The call for a re-thinking of the MoP began after the Supreme Court struck down the National Judicial Appointments Commission (NJAC) in 2015.
- The NJAC was intended to replace the Collegium system with a six-member committee, including government representatives.
- The Supreme Court acknowledged the need to “fine-tune” the MoP and continued hearings to explore ways to streamline judicial appointments, enhancing transparency and responsiveness.
- A 2022 status report, indicated a need for “improvements” to the MoP, referencing 2017 judgment, which highlighted the assessment of personalities of candidates for judicial appointments.
Ref: Source
| UPSC IAS Preparation Resources | |
| Current Affairs Analysis | Topperspedia |
| GS Shots | Simply Explained |
| Daily Flash Cards | Daily Quiz |
Frequently Asked Question:
What is the Memorandum of Procedure (MoP)?
The MoP is a document that outlines the rules and procedures for the appointment of judges to the Supreme Court and High Courts in India, developed collaboratively by the government and judiciary.
How did the MoP come into existence?
The MoP emerged from three significant Supreme Court judgments known as the “three judges cases,” leading to its establishment in 1999 to detail the judicial appointment process.
Who is involved in the appointment of Supreme Court judges?
The appointment process involves the Collegium, which consists of the Chief Justice of India (CJI) and the four senior-most judges of the Supreme Court. Recommendations must come from this group.
What factors does the CJI consider in recommendations?
The CJI is required to consider the opinions of the senior-most judge from the High Court of the recommended candidate before forwarding the recommendation to the central government.