No reason to doubt our intentions: Prasad on next CJI choice

Union law Minister Ravi Shankar Prasad on Monday said there was no reason to doubt the intentions of the Government with regard to the appointment of the next Chief Justice of India (CJI). 

At a Press conference to highlight his Ministry’s achievements over the past four years, a question was put to Prasad whether the Government will forward the name of Justice Ranjan Gogoi as the next CJI since he was one of the four judges who took part in a Press conference held on January 12 this year addressing concerns over the arbitrary listing of cases by the present CJI. 

Initially, Prasad said that the question being put to him was “hypothetical” and “imaginary”. He clarified later, “There is no reason to doubt our (Government) intentions…the sitting CJI has to forward the name of his successor. let that name come first.” The incumbent CJI DIpak Misra retires on October 2.

As far as the appointment of the CJI goes, there is a standing convention that the retiring CJI has to recommend a name to the Centre. By convention, this name is of the senior most judge after him. Once the name reaches the Centre, it is forwarded to the President of India, who then issues a warrant of appointment. This also forms part of the Memorandum of Procedure of Appointment of CJI also records the criteria that the one recommended should be the senior most. Prasad said, “When the name comes to us, we will discuss on it.” He further stated that nobody had the right to question the intention of Government.

In the event there is any doubt about the fitness of the senior most judge to hold the office of the Chief Justice of India, the Memorandum of Procedure provides for consultation with other Judges. On a question on finalization of MoP that is pending with the Centre, Prasad said that discussions are on and the same will be finalized after consultation with the Supreme Court. “Our view is that the norms of those selected (as judges) have to be mentioned (in the MoP),” the Minister said. 

The finalization of MoP has been stuck due to differences between judiciary and government over who must have more say in appointing judges. Prasad said that despite the logjam, numbers speak for itself as the Government has been processing appointments in the meantime. In the year 2016, Centre appointed 126 judges and 117 judges in 2017, he said. By this year end, he was confident of surpassing this tally.

Replying to a question on the fate of the bill making triple talaq a criminal offence, Prasad said, “I appeal to Sonia Gandhi, Mamata Banerjee and Mayawati, they are influential women, on the issue of triple talaq. We need to go beyond political divide.” lok Sabha has passed the bill while it is stuck in Rajya Sabha since January this year.