Guidelines To Be Observed Before Finalising The Memorandum Of Procedure

Must Read

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an...

Follow us

In the case of SCORA v. Union of India, decided on 16.12.2015, the Supreme Court laid down certain guidelines to be observed by the Chief Justice of India and the Government before finalising the Memorandum of Procedure. The Bench comprising of Justice Jagdish Singh Khehar, Justice Chelameswar, Justice Madan B. Lokur, Justice Kurian Joseph and Justice Adarsh Kumar Goel, ordered the government to finalise the Memorandum of Procedure in consultation with the Chief Justice of India. The decision of the Chief Justice of India shall be based on the unanimous decision of the collegium comprising of the four senior most puisne judges of the Supreme Court.The Supreme Court further held that the Chief Justice of India and the Government shall take into consideration following aspects before finalising the Memorandum of Procedure:

  1. Eligibility Criteria

It was held that the Memorandum of Procedure may indicate the eligibility criteria, such as the minimum age, for the guidance of the collegium (both at the level of the high court and the Supreme Court) for appointment of judges, after inviting and taking into consideration the views of the state government and the Government of India (as the case may be) from time to time.

  1. Transparency in the appointment process

In order to make the appointment process more transparent, the Bench noted, ‘The eligibility criteria and the procedure as detailed in the Memorandum of Procedure for the appointment of Judges ought to be made available on the website of the Court concerned and on the website of the department of justice of the Government of India.’ The Bench also observed that the Memorandum of Procedure may provide for an appropriate procedure for ‘minuting the discussions including recording the dissenting opinion of the judges in the collegium while making provision for the confidentiality of the minutes consistent with the requirement of transparency in the system of appointment of judges.’

  1. Setting up of Secretariat for the management of selection process

The bench said that for better management of the system, the Memorandum of Procedure may provide for establishment of Secretariat for the Apex Court and each of the High Courts and additionally, prescribe their functions, duties and responsibilities.

  1. Complaints against candidates

The Court ordered that the Memorandum of Procedure should contain sufficient procedure to deal with the complaints against the persons who are going to be appointed.

  1. Miscellaneous Issues

The Memorandum of Procedure may provide for any other matter considered appropriate for ensuring transparency and accountability including interaction with the recommendee(s) by the collegium of the Supreme Court, without sacrificing the confidentiality of the appointment process.

Latest News

Bombay High Court Allows Export of Pending Consignment of Onions in Respect of Which Shipping Bills Have Been Generated Before Notification of the Ban

A writ petition challenging the notification dated 14th September 2020 to ban the export of onions was filed by the Exporters Association before the...

Delhi HC: Mens Rea Essential Before Passing an Order U/S 14b of EPF Act

  In the matter of M/s Durable Doors and Windows v APFC, Gurugram, the bench allowed the Petitioner's appeal holding that mens rea is an...

Delhi HC: Language of Statement and Testimony of Complainant Need Not Be Identical

A single-judge bench of J. Vibhu Bakhru of the Delhi High Court upheld the accused's conviction in Kailash @ Balli v State. The bench...

COVID Results Shall Be Conveyed To the Person Within 24 Hours: Delhi High Court

The order has come in a writ petition moved by Rakesh Malhotra. The Petitioner herein seeks to ramp up testing facilities in Delhi.   Facts of...

Delhi High Court Sets Aside the Order of the Trial Court in the Chief Secretary Assault Case

In the case of Mr. Arvind Kejriwal & Anr. V. State NCT of Delhi, Mr.Justice Suresh Kumar Kait has set aside the 24.07.2019 Order...

Delhi High Court Temporarily Restrains Vintage Moments’ Alcohol Sale in Case of Trademark Infringement

The manufacturers of the Alcohol Brand Magic Moments had filed a suit. The Delhi High Court has passed an order restraining the manufacturing, marketing,...

NGT Red-Flags Kaleshwaram Project: Green Clearance Violated the Law, Halt Work

Excerpt The National Green Tribunal (NGT), Principal Bench, dated 20th October 2020, directed the Telangana government to stop all work, except the drinking water component...

There Can Be No Leniency Shown To Appellant Who Pleaded To Reduce Sentence: Delhi High Court

Facts On 25.2.2016 the victim’s sister who was 13 years old was present with her sister who was 2 years old (victim) at their home....

Violation of Executive Instructions Cannot Be Sole Ground to Invalidate Transfer Orders: Tripura High Court

In Dr Bithika Choudhury vs the State of Tripura & Ors., a Division Bench consisting of Hon’ble Justice S. Talapatra and Hon’ble Justice S.G. Chattopadhyay...

Case Regarding Anticipatory Bail, Applicant May Be Released Imposing Suitable Conditions: Gujarat High Court

A Single-Judge Bench of Gujarat High Court consisting of Honourable Dr Justice A.P. Thakur had been hearing submissions of the Applicant to release him...

More Articles Like This

- Advertisement -