Centres has decided to face higher judiciary by sticking to its proposed Memorandum of Procedure (MoP) which will guide the Supreme Court collegium on appointment of judges to higest court of the land and high courts, even after top judiciary rejecting nearly all major suggestions made by the Centre, a report in ‘The Times of India’ has said.
Chief Justice of India (CJI) T S Thakur had sent back the MoP last month with a rejection of the Centre's proposals.
Centre has referred the matter to attorney general (AG) Mukul Rohatgi, asking him to prepare a reasons why the collegium's rejection is not acceptable.
It seems government is in no hurry to send a response to the apex court, even though it may further delay filling vacancies in HCs.
Response to collegium is not likely to be sent before July, a top source told tha paper , with the deadlock likely to further worsen the government-judiciary ruckus that has disrupted the appointment process to the higher judiciary.
Collegium had objected many rules, which include the one where the government reserved the right to reject any recommendation on grounds of 'national interest' and one more on the involvement of the AG in advising a list of suitable candidates.
Apex court had, after rejecting National Judicial Appointments Commission (NJAC) Act in 2015, agreed on framing of the MoP by Centre in consultation with the collegium.
Proposed MoP,which was finalised by the Centre and sent to the collegium in March, had also reduced the discretionary powers of the top judiciary, which was so far free to choose any candidate to be elevated to the higher judiciary.
New rule had proposed that names for judges appointments could be recommended by all judges of the bench as well as by the AG and the bar.