MoP in draft stage, so can't share with collegium: Government

New Delhi: The Modi government has refused to immediately share a copy of the draft memorandum of procedure (MoP), a document to guide the appointment of judges to higher judiciary, with a parliamentary committee examining vacancies in the Supreme Court and high courts, saying it is a work in progress.

The department-related Standing Committee on Law and Personnel has been informed that the document will be shared at an “appropriate time”.

The committee had asked the department of justice to share a copy of the draft MoP it has handed over to the SC collegium for its approval. The committee is examining the issue of inordinate delay in filling up vacancies in the SC and HCs .

But in its response, the department of justice said, “Since the MoP — one dealing with the appointment of SC judges and other with HC — are still under finalisation in consultation with the Chief Justice of India as per the SC order on December 16, 2015, it is work in progress.”

“Therefore, it is submitted that the draft MoP will be shared with the parliamentary committee at the appropriate time.”

The government had handed over a revised MoP to the CJI on August 3 after the SC collegium objected to certain government proposals, including the latter’s right to reject a candidate for judgeship and setting up a scrutiny panel to evaluate applications.

In the revised draft, the government has reiterated that it should have the power to reject any name recommended by the collegium on grounds of national security and public interest.

In May, the collegium had unanimously rejected the clause saying it amounted to interference in the functioning of the judiciary. While in the initial March draft, the government had refused to grant authority to the collegium to send the same name again after it had been rejected, the new one says the government will inform the collegium about the reasons for rejecting its recommendation.