
NDA memorandum: Judiciary-govt face-off brewing over appointments
The NDA government’s new memorandum of procedure for appointment of Supreme Court and high court judges is likely to face stiff opposition from the judiciary as the proposed mechanism would undermine the collegium system.
Sources privy to the development said the collegium headed by the Chief Justice of India has strong reservations over the draft MoP (memorandum of procedure) giving the last word to the government to reject candidates on the grounds of national security.
“This will be against the Supreme Court constitution bench verdict of 1998 that said the government cannot turn down a recommendation if the collegium reiterates it,” a source said.
The question of appointing any person with questionable credentials would never arise, the source said.
“The government must disclose the evidence to prove the person recommended is a threat to national security. It cannot be on the basis of hearsay.”
As per the procedure, names of judges are always forwarded to the government for obtaining intelligence inputs on their bona fides and checking credentials.
An inter-ministerial group headed by the ministry of external affairs has sent a draft MoP to the Supreme Court collegium. A five-judge bench of the top court had in December ordered the Centre to revise the MoP to ensure transparent functioning of the collegium system.
The direction was issued while the bench quashed the new law aimed to end the decades-old opaque system of appointing judges and give a greater say to the executive in the process.
The Memorandum of Procedure is an administrative mechanism evolved jointly by the collegiums and the Union government.
Sources said a bone of contention on the MoP is the necessity to record the dissenting note of a collegium member if a name is approved.
Senior judges also have reservations over the executive making it mandatory to appoint advocates directly to the top court.
The collegium has discussed the MoP and is expected to meet soon to take a final view on it.

SC tells states to install CCTVs in police stations, probe agencies in 5 months
- Court-appointed amicus curiae senior advocate Siddhartha Dave prepared a chart indicating unsatisfactory response from states as well with some proposing to achieve compliance of Court’s December 2, 2020 order by end of 2023.

SC backs taxpayers in software royalty case
- The judgment, which involved approximately ₹500 crore in tax revenue, will impact companies such as IBM India Ltd, Samsung Electronics Co Ltd, Hewlett Packard India, Mphasis Ltd, Sonata Software Ltd, and GE India, among others.

5 days after 12-year-old girl disappeared in UP’s Bulandshahr, body found in pit
- The girl's family lodged a complaint three day after she went missing.

Barely 22 days after taking first jab of vaccine, medico dies of Covid-19
- Shubhendu Shubham, 23, a 2016-batch student of Patna’s Nalanda Medical College Hospital (NMCH), had taken the first shot of Covaxin in the first week of February, but tested positive for the viral infection later last month before he could take the second shot

Srinagar market desolate after death of eatery owner's son in militant attack
- For the past 13 days, the Durga-Nag market at Dalgate in Srinagar has been desolate and locals and traders in grief

PM Modi’s photo on vaccination certificate violates model code, TMC tells ECI
- TMC’s leader in the Rajya Sabha Derek O, Brien asked the Election Commission to stop the Prime Minister "from taking unfair advantages and undue publicity at tax payer’s cost during the conduct of elections".

Ghulam Nabi Azad becomes catalyst in rift in Congress unit in J-K
- Ghulam Nabi Azad detractors and supporters in the Jammu and Kashmir Pradesh Committee accused each other of acting at the behest of the BJP.

Jailed Assam leader urges parties to put up common candidates against BJP
- Jailed Assam leader urges parties to put up common candidates against BJP

Notice to Manipuri talk show under new digital media laws revoked

AIADMK, DMK continue seat-sharing talks with allies for TN assembly polls

News updates from HT: Plea filed in SC on eight-phase elections in West Bengal

India to invest $82 billion in port projects by 2035: PM Modi
- The capacity of major ports which was around 870 million tonnes per annum in 2014 has increased to around 1550 million tonnes per annum now, the Prime Minister said.

Jharkhand govt begins compensation process for victims of Chamoli glacier burst

Congress forms screening panels for TN, WB, Kerala, Puducherry assembly polls

Rebel woes pose a threat to Congress in poll-bound Kerala
- Party leaders fear that dissension may heighten in the coming days-- posters and notices have started appearing at many places against probable candidates.