Govt, collegium still on different page over MoP

New Delhi: Differences persist between the Union government and the apex court collegium on the memorandum of procedure (MoP) relating to judicial appointments.

As a result, the MoP is yet to be finalised for over two years after the apex court quashed the National Judicial Appointments Commission law relating to appointments in higher judiciary. In December 2015, the court empowered the Union government to come out with a revised MoP.

The government has suggested modification and improvement in the draft MoP, particularly after the apex court sent Justice C.S. Karnan, former judge of the Madras and Calcutta high courts to jail for contempt of court.

Union minister of state for law P.P. Chaudhar last week informed Parliament that the government had sent a communication to the secretary-general of the apex court and was yet to get any response. The minister had said in the judgment the court had expressed the need for a proper vetting mechanism for appointments to the higher judiciary.

It is now up to the collegium headed by CJI Dipak Misra to sort out the differences and allow finalisation of the MoP to pave way for expeditious filling up of about 400 vacancies in high courts and the delay in filling up vacancies has resulted in accumulation of arrears.

At present, there are six vacancies in the Supreme Court and seven more judges are set to retire this year. They are CJI Dipak Misra and three senior judges in the collegium — Justices J. Chelameswar, Madan B. Lokur and Kurian Joseph — besides Justices Amitava Roy, R.K. Agrawal and A.K. Goel.

If steps are not taken immediately to fill up the existing vacancies, it will result in accumulation of arrears in the top court as well.