The Centre has refused to formulate the draft memorandum of procedure (MOP) for judicial appointments and present it for judicial vetting. Attorney General Mukul Rohtagi, on behalf of the Centre, told this to the Supreme Court today, a day after it had asked the Centre to frame the draft MoP after considering all suggestions on the issue. <br/><br/>Mr Rohatgi, instead, suggested to the five-judge bench to direct the Centre through a judgement to prepare a MOP in consultation with the Chief Justice of India (CJI). He said, the preparation of MOP is an Executive function done in consultation with the CJI.<br/><br/>Yesterday, Mr Rohatgi had offered to prepare the draft memorandum and place it for debate and discussion before the court, which was accepted by the bench. The bench's acceptance was, however, opposed by senior advocates like Gopal Subramanium and Rajeev Dhawan. <br/><br/>Subramanium had referred to the judgement, striking down the National Judicial Appointments Commission (NJAC) Act and 99th constitutional amendment, saying the main reason for his objection was the endeavour to protect judicial independence and hence, the executive cannot be allowed now to have a role. While striking down the NJAC Act, the apex court had, earlier, invited suggestions from all those who desired to improve the collegium system of judicial appointments.
News On AIR | November 19, 2015 1:56 PM
'Centre refuses to formulate draft MoP for appointments of judges