(a) whether the existing judicial system in the country lacks transparency particularly in the appointment of judges;
(b) if so, whether the long-pending Memorandum of Procedure (MoP) for appointment of judges has resulted in huge vacancy in judiciary, adversely affecting justice delivery system;
(c) if so, the current status of MoP; and
(d) the steps taken/being taken by the Government to address the prevailing challenges in judicial system of the country?
ANSWER
MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS
(SHRI P.P. CHAUDHARY)
(a) to (d): The Supreme Court of India vide order dated 16.12.2015 in Writ Petition (Civil) No. 13 of 2015 for improvement in the “Collegium System”, directed the Government to finalize the existing Memorandum of Procedure ( MoP) by supplementing it in consultation
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with the Supreme Court Collegium taking into consideration factors such as eligibility criteria, transparency, establishment of Secretariat, and mechanism to deal with complaints. The Government of India after due deliberations, proposed changes in the existing MoP and the draft MoPs 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.
Meanwhile, in another judgment dated 4.7.2017 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.
As the process of finalizing the supplementation of the existing Memorandum of Procedure (MoP) was likely to take some time, at the initiative of the Government, the matter of continuing the appointment process was taken up with Supreme Court and it is continuing in accordance with the existing MoP to fill the vacancies of Judges in the Supreme Court and the High Courts. 3/-
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During 2016, 4 Judges in the Supreme Court and 14 Chief Justices of High Courts were appointed. Besides, 126 fresh appointments of Judges were made in High Courts which is the highest number in a calendar year. During 2017, 5 Judges in the Supreme Court, 8 Chief Justices of High Courts and 115 fresh appointments of Judges in the High Courts have been made. During 2018, as on 01.02.2018, 3 fresh appointments of Judges in the High Courts have been made.
The prevailing challenges facing the Judiciary are largely to be addressed by the Judiciary as it is an independent organ under the Indian Constitution. The Government is committed to the independence of Judiciary and does not intervene in its functioning.
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