Law Ministry Demands for Better Appointment of Candidacies of Probable HC Judges



Nirmal Singh 3C Company is glad to know that the High Court judges will go through detailed scrutiny amid an ongoing row of appointment of judges between the executive and judiciary. The law ministry has already kick start the process of appointing the judges.

Nirmal Singh 3C Company would like to quote what the note written by ministry to the cabinet secretariat last month, which says:  “detailed scrutiny of proposals received for appointment of judges from high courts has been initiated”.

The very step can accelerate a tiff between the executive and judiciary, the former has literally accused the latter of stepping into its domain.

Nirmal Singh 3C Company noted that the Supreme Court has refuted the National Judicial Appointments Commission (NJAC) Act in 2015, which was in place to make the selection of judges more transparent involving members of judiciary, legislature and civil society.

The government has been questioned by the SC to come up with a new memorandum of procedure (MOP), but this process have been half way through since March 2016 over disagreements between the two after a number of exchanges.

Nirmal Singh 3C Company intrigued that this move has been come into effect following the concerns raised by the SC over the quality of judges. As of now, the centre has already processed a written note to the apex court asking them to review the current proceedings of appointing the judges. This move was made following the incident cited by two judges who requested “the need to revisit the process of selection and appointment of judges”.

Nirmal Singh 3C Company anticipates the law ministry’s move:

According to the procedure which is being asked to follow, group of around 24 high courts have send recommendations to the law ministry candidates, advocates or members of lower judiciary, so as to appoint High Court judges.


Attaching a report from the Intelligence Bureau on the record of the prospective candidate, the ministry has forwarded it to the Supreme Court collegium, a body of India’s top five judges headed by the Chief Justice of India, which is responsible of taking a final call on the appointments. 

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