As the Executive and the Judiciary seek to iron out differences in key clauses of the Memorandum of Procedure (MoP), top sources in the law Ministry indicated that the amended MoP is drafted to give full effect to the Supreme Court’s decision of December 2015 which had sought to make the system of appointing judges more transparent and accountable.
Detailing the stand of the Government, Ministry officials said that the judgment of the apex court provided a wider zone of consideration of candidates to be appointed as judges in the higher judiciary. It is with this purpose, the Centre wants all Supreme Court and High Court judges to suggest names for consideration as judges. Just as in the Madhya Pradesh High Court, where every judge is at liberty to suggest names, sources explained that the same rule should also apply to Supreme Court. Finally, it is the Collegium of the High Court or the Supreme Court that will take a final call on forwarding the name.