Headline: Can't devise draft MoP for judicial vetting, Centre to SC
PTI
New Delhi
Apparently reflecting the unease over the striking down of the NJAC law, government on Thursday bluntly told the Supreme Court that it will not formulate the draft Memorandum of Procedure (MoP) for the revived collegium system “for vetting by judiciary and discussion”.
After a day-long hearing on suggestions to improve the collegium system of appointments for higher judiciary, the 5-judge bench reserved its order making it clear that the “process of appointment of judges through the collegium system shall not be put on hold.” A day after being told by the apex court to formulate the draft MoP, Attorney General Mukul Rohatgi, at the outset, expressed government's and his inability in doing it.
“It is not possible to give draft MoP for vetting by judiciary,” he told the five-judge Constitution bench headed by Justice J S Khehar took up the matter for hearing.
Rohatgi also made it clear to the Bench that preparation of MoP is “an executive function” to be done in consultation with the Chief Justice of India and the court need not burden itself with details.
“The Supreme Court need not vet the MoP or involve itself in making it. It is government's duty like the execution of a decree. It is not possible for the government to devise a draft MoP for judicial scrutiny and discussion.
“It is an unnecessary burden on this court. We cannot submit any draft for judicial discussion. Either, we decide or you decide. There is no procedure of draft MoP in the Constitution. We can't issue it,” Rohatgi told the bench headed by Justice J S Khehar.
Referring to the practice of government executing the judgements, the Attorney General suggested that the bench pass directions which would be complied with by the executive in consultation with the CJI.
Blurb: After a day-long hearing on suggestions to improve the collegium system of appointments for higher judiciary, the 5-judge bench reserved its order making it clear that the “process of appointment of judges through the collegium system shall not be put on hold.”
