More Coverage
Twitter Coverage
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
Satyaagrah
Written on
JOIN SATYAAGRAH SOCIAL MEDIA
“Chaos is merely order waiting to be deciphered”: MoP issue settled; government cannot conveniently cite views of few judges on MoP to oppose Collegium recommendations, scheme of our constitution requires court to be final arbiter of law ~ Supreme Court

The Supreme Court on Thursday took objection to the Central government citing opinions of certain judges against the Collegium system, as an excuse to delay clearance to the recommendations made by the Collegium.
|
A bench of Justices Sanjay Kishan Kaul, Abhay S Oka, and Vikram Nath said that the law regarding judicial appointments to the High Courts and the Supreme Court has been settled by the 2015 Constitution bench decision of the top court which upheld the Collegium system in the National Judicial Appointments Commission case (NJAC case).
"You have conveniently picked up some views of the judges and included that. How can that be done? You may want some changes but in the meantime collegium along with the existing Memorandum of Procedure (MoP) has to work. Now it looks just like a blame game," the Court said.
Hence, the government cannot conveniently pick and choose the opinions of judges or judicial opinions of benches of lesser strength to delay Collegium recommendations, the Court remarked.
"Our judgment came in 2015, then you come to 2022. When five judges of the court takes a decision becomes final. Am I reading it correct or am I wrong," the bench asked.
|
In this regard, the Court also took objection to the stance of the government that the new Memorandum of Procedure (MoP) which lays down the procedure for appointment of judges to High Courts and the Supreme Court, is yet to be finalised.
The Centre had cited the opinions of Justices Ranjan Gogoi and Jasti Chelameshwar on the MoP.
"You say Justices Ranjan Gogoi and Chelameshwar said that MoP needs a relook. But then so what.. even if two judges opine something.. how does it change the collegium decision," the bench demanded.
The Court then noted in its order that the MoP issue has been settled as early as 2017.
"We may notice that in the judgment from which present contempt proceedings arise, the aspect of MoP was finalised on March 10, 2017 identical to the 1993 one," the Court said.
Hence, the opinion of two Supreme Court judges in a case from Calcutta on the Collegium cannot defeat the ruling in NJAC judgment and the MoP as finalised in 2017 has to apply.
"There was a suo motu case against a calcutta hc judge and two judges of this court had given an opinion on the collegium system. Attorney General (AG) says aforesaid gave rise to a thought that there needs to be improvement in the MoP. Government has, thereby, addressed some communications and appointment under 224A was frowned upon. We have told the AG that MoP is final and till govt suggestions are looked into, MoP as finalised has to apply," the Court directed.
It was hearing a petition related to the delay in approving names for elevation proposed by the Collegium.
The Court had during an earlier hearing urged the Central government to process recommendations of the Collegium that have been pending for the last one-and-a-half years.
The government had filed a response in the matter which the Supreme Court proceeded to examine on Thursday.
The Court said that the 2015 judgment clearly laid down the law and the appointment have to happen even if it is by the old MoP.
"You are saying MoP to be finalised. There is nothing to be finalised. You say 2021 judgment to be included which grants you expanded time.. but nothing to be finalised," the bench said.
The bench underscored that while changes to MoP can be considered, that cannot be cited to delay judicial appointments recommended by the Collegium.
"How can Centre say MoP has to be revisited only since two judges made some observations. Can the Union latch onto the observations and delay it? It is not that MoP is pending. It was over in 2017 and the judgment says so and I know it as well," the bench said.
The Court said that while the government might have sent letters to the Supreme Court seeking changes to the MoP, the ultimate call in that regard is the prerogative of the Collegium.
"Centre might have sent later communications seeking a change.. but those letters will not unsettle the MoP. But it is the collegium to take a call. Government can have a view," the bench said.
"When the collegium gave something on how the MoP should be irrespective of what suggestions you gave that is supposed to be the end of it. No back and forth. Can observation of two judges weigh down the final view of the collegium," the bench further queried.
|
"Would the letter mean nothing.... I believe the MoP issue is still pending," asked Attorney General R Venkataramani.
"There is an existing MoP and you think some changes are desirable and it is like you want a change in legal process but that does not change the settled law," the Court maintained.
The Court in its order exhorted the Central government to follow the law laid down by it and ensure that Collegium recommendations are cleared within reasonable timeline.
"Sending back second time reiterated names is a breach of our earlier direction. AG submits in such a scenario earlier, such sent back names were actually dropped. We don't know why the names were dropped," the Court said.
It urged the Attorney General to play a constructive role.
"The scheme of our constitution requires our court to be final arbiter of law. Parliament has right to enact a law but the power to scrutinize it lies with the court. It is important that the law laid down by this court is followed, else people would follow law which they think is correct," the Court said.
References:
Support Us
Satyagraha was born from the heart of our land, with an undying aim to unveil the true essence of Bharat. It seeks to illuminate the hidden tales of our valiant freedom fighters and the rich chronicles that haven't yet sung their complete melody in the mainstream.
While platforms like NDTV and 'The Wire' effortlessly garner funds under the banner of safeguarding democracy, we at Satyagraha walk a different path. Our strength and resonance come from you. In this journey to weave a stronger Bharat, every little contribution amplifies our voice. Let's come together, contribute as you can, and champion the true spirit of our nation.
![]() | ![]() | ![]() |
ICICI Bank of Satyaagrah | Razorpay Bank of Satyaagrah | PayPal Bank of Satyaagrah - For International Payments |
If all above doesn't work, then try the LINK below:
Please share the article on other platforms
DISCLAIMER: The author is solely responsible for the views expressed in this article. The author carries the responsibility for citing and/or licensing of images utilized within the text. The website also frequently uses non-commercial images for representational purposes only in line with the article. We are not responsible for the authenticity of such images. If some images have a copyright issue, we request the person/entity to contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. and we will take the necessary actions to resolve the issue.
Related Articles
- Chief Justice DY Chandrachud calls on lawyers and bar bodies to elevate the Court and Constitution above political biases, following his notable criticism of SCBA President Aggarwala's request for a suo motu review of the Electoral Bonds judgment
- SC bench of Justices Chandrachud and AS Bopanna rules in favor of Muslim petitioner: “Don’t exclude non-Hindus from auction process for shop leases in temple”
- "Faith in judiciary has eroded considerably, need to find out what went wrong": Justice Oka reveals a stark truth that faith in judiciary wrecked, highlighting lower courts' struggles & the CJI's recent admission of mediocrity, calling for urgent reforms
- “Man cannot be freed by the same injustice that enslaved it”: Supreme Court stays Uttarakhand High Court order on Haldwani eviction, and disapproved the manner in which eviction was sought to be carried out by the Indian Railways, urges rehabilitation
- "As per Article 195 from the book ‘Principles of Mohammedan Law’ by Sir Dinshah Fardunji Mulla, Muslim girl above 16 is competent to marry any person of choice": Punjab and Haryana HC cites Sharia to justify child marriage
- "From colonial past to a just and fair future": Amit Shah introduces new bills replacing IPC & CrPC, targeting sedition, mob lynching & deceitful relations, emphasizing citizens' rights and timely justice through a major shift in India's criminal justice
- "The miracle isn't that I finished. The miracle is that I had the courage to start": 49th Chief Justice of India, Uday Umesh Lalit's short tenure is a race against time with big plans lined up, he intends to meet head-on the challenges confronting SC
- "Finally, in conclusion, let me say just this": Remark against Prophet Mohammad - Supreme Court transfers all FIRs against ex-BJP member Naveen Kumar Jindal to Delhi Police, during the hearing, Luthra sought similar relief as granted in Arnab Goswami case
- "To reopen old wounds is to seek healing, not hurt": 34 years past the assassination of Judge Neelkanth Ganjoo for fulfilling his duty still echoes in Jammu and Kashmir, as the SIA reopens this chapter, we are reminded that justice always finds its way
- ‘Realisation is same as jail’: Delhi High Court invoked Fyodor Dostoyevsky’s book 'Crime and Punishment' to reduce life sentences to 10 years for five Jaish-e-Mohammed terrorists—Bilal, Sajjad Khan, Muzaffar Bhat, Mehraj-ud-Din, and Ishfaq Bhatt
- "और कितना ही खुले कर बोले कोई": Justice Kaul, 'Weak opposition is a problem; court cannot handle the govt or act as opposition,' urges legal impact studies, acknowledging, 'We are a very divided society...traversing that middle path has become difficult'
- "Waqf Act is against secularism, unity, and integrity of the nation; Waqf is not mentioned anywhere in the Constitution" says Ashwini Upadhyay: Filed PIL in Delhi HC challenging provisions of Waqf Act
- "Can omnibus orders be passed against demolitions": Supreme Court asks in Jamiat pleas challenging "Bulldozer" actions against anti-social elements in Uttar Pradesh and other states, refuses to pass interim orders, next hearing on Aug 10
- "अच्छा": Despite serious allegations, the court granted interim bail to Meeran Haider, a PhD student who orchestrated the 2020 anti-Hindu Delhi riots, mobilizing crowds and coordinating violence across 20 sites, revealing deep-seated plots against CAA-NRC
- Justice Gaurang Kanth who took oath as judge of the Calcutta High Court this morning, his letter surfaced recently where he was seeking suspension of police officers who failed to keep the door of his residence locked resulting in the loss of his pet dog