The process for appointing judges to the higher judiciary faced a procedural pause on as Justice PS Narasimha of the of India himself from hearing a petition concerning the long-pending finalization of the . The petition, filed by the non-governmental organization , seeks to compel the Chief Justice of India and the to resolve the deadlock surrounding the guidelines that govern and to bring the decision-making process of the within the ambit of the .
The matter had been listed before a bench comprising Justice PS Narasimha and Justice Alok Aradhe. Upon the commencement of the hearing, Justice Narasimha informed the counsel present that he would be unable to preside over the proceedings. His recusal was based on his prior engagement as an Additional Solicitor General in legal proceedings concerning the National Commission (NJAC), which directly involved the interpretation and development of the MoP. By stepping aside, the court has effectively delayed the immediate consideration of the plea, necessitating that the case be re-assigned to a different bench for future hearings.
The Protracted Standoff Over Appointment Protocols
At the heart of the litigation is the MoP, a foundational document that dictates the administrative process for the appointment, elevation, and transfer of judges across and the . While the original framework dates back to , following the landmark , the document has remained a focal point of contention for nearly 11 years. The current petitioner argues that the existing lack of a finalized, revised MoP contributes to , which in turn affects the quality and impartiality of to .
The discourse surrounding the MoP intensified significantly in when enacted the , an attempt to introduce a representative body to replace the system. However, the subsequent judgment, which struck down the NJAC as unconstitutional on the grounds that it threatened the independence of the judiciary, left the existing system in a state of flux. The apex court explicitly directed the government to collaborate with the Chief Justice of India and the to finalize a revised MoP that would ensure greater transparency, a permanent secretariat, and a clear mechanism for handling complaints against potential judicial candidates.
Demands for Transparency and Accountability
The plea filed by urges the Court to address these long-standing shortcomings. Beyond the administrative necessity of finalizing the MoP, the NGO’s petition emphasizes the urgent need for transparency, specifically by bringing the minutes of meetings under the . The petitioner asserts that the absence of objective standards has created a void in the selection process, which they claim is inconsistent with the constitutional requirement for and integrity.
"Finalisation of the MoP for appointment of judges of
at the earliest is necessary to ensure that it meets the requirement of the selection process ensuring that they possess four essential qualities of impartiality, fearlessness, transparency and purity mandated by the Constitution Bench,"
the petition states. The argument posits that because the decisions made by judges in
are final and carry significant societal implications, the process of their selection must be shielded from ambiguity.
Historical Tensions and Previous Judicial Interventions
This current petition is not the first instance where the delay in finalizing the MoP has been brought before the judiciary. The disagreement between the executive and the judiciary has manifested in various stages over the last decade. During the tenure of former Chief Justice TS Thakur, for instance, a notable disagreement arose in when the unanimously rejected government proposals that would have empowered the executive to veto judicial recommendations based on "national security" concerns. Further proposals, such as the establishment of a permanent secretariat for , were similarly sidelined, leading to prolonged administrative stagnation.
In , the issue reached another inflection point when a bench including Justices AK Goel and UU Lalit took cognizance of a petition by advocate . At that time, the court observed that the delay in the MoP’s finalization could not be sustained indefinitely, especially as nearly two years had passed since the initial directive. While that matter was eventually withdrawn and re-listed under then-Chief Justice Dipak Misra, leading to the recall of earlier observations, the core issue remained unresolved.
The Current Procedural Status
By seeking directions to the Chief Justice of India to exercise to conclude the process, the petition represents a fresh attempt to break the cycle of delays. The prayer before the court includes a specific directive to the to complete the revision of the MoP within a fixed window of one month following consultation with the Chief Justice.
The recusal of Justice Narasimha highlights the sensitivity surrounding the matter and the interconnected history of the judges and lawyers who have navigated the NJAC and MoP litigations over the years. As the registry prepares to re-list the matter, the legal community remains observant, awaiting a bench that can balance the delicate while ensuring that the administrative framework for aligns with the standards of transparency demanded by the petitioners. For now, the case remains pending, with the procedural path forward resting on the Chief Justice’s to assign a new bench to hear the request.
Judicial transparency - Collegium system reforms - judicial appointment protocols - transparency in governance