The MoP is a written understanding between the judiciary and the executive on appointment of constitutional court judges.
NEW DELHI: Cornered by the Supreme Court for delaying appointment of high court judges, the Union government on Tuesday hit back and accused the SC and HCs of flagrantly breaching the memorandum of procedure (MoP) which mandates initiation of process for appointment of judges six months before a post falls vacant.
The MoP is a written understanding between the judiciary and the executive on appointment of constitutional court judges. Sources in the department of justice told TOI, “As on March 26, out of 410 vacancies of judges, HC collegiums have not made recommendations for 214 posts, or in 52% of posts.”
On March 27, a bench of CJI S A Bobde and Justices S K Kaul and Surya Kant had asked attorney general K K Vengupal to explain on April 8 why the government was sitting over 45 names recommended by HC collegiums for appointment as HC judges for periods ranging from six to 14 months and not sending them to the SC collegium for scrutiny.
Justice Kaul had pointed out that the government was also sitting over 10 names, cleared by the SC collegium for appointment as HC judges, for periods ranging from seven to 19 months. He said the SC collegium’s recommendation for appointment of five advocates as judges of Calcutta HC was sent to the government on July 25, 2019, and these were yet to be cleared. Similarl