Parliamentary Panel asks Govt and SC to 'weed out their differences', finalise MoP on appointment of Judges

 

The Parliamentary standing committee on law has asked the government and the Supreme Court to “weed out their differences” and finalise the revised memorandum of procedure for appointment of judges in higher judiciary.

The MoP is pending for over seven years, the panel observed, while expressing concern at over 30% vacancies in high courts across the country.

The committee, headed by BJP MP Sushil Modi, said three HCs of Rajasthan, Gujarat and MP have up to 48% vacancy and it needs to be addressed immediately.

“The SC and the government have failed to reach a consensus on revision of the MoP for appointment of judges to constitutional courts, though the same is under consideration of both for about seven years now. The committee expects the government and the judiciary to weed out their differences and to finalise the revised MOP, which is more efficient and transparent, in terms of Supreme Court observation,” the panel noted.

It recommended that the law ministry fix all bottlenecks responsible for delays in the appointment of judges at the HCs. “Only recently appointments in SC were done at a fast pace and it’s functioning with full strength now. The appointments to HCs also deserve same treatment,” it added.

 

 

Six HCs have vacancies of 40% and above and another six have vacancies in the range of 30% to 40%, it said. In Gujarat and Rajasthan, the HCs are functioning at half strength.

In smaller states like Manipur, Tripura etc. where the bench strength is small, high levels of vacancies leads divisional benches not being constituted for want of judges... the panel said in its report submitted to Parliament last week.

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