THE prolonged conflict between the executive and the judiciary may end. The Supreme Court has finalised a Memorandum of Procedure (MoP) for appointment of judges to various ports in the country. There has been an impasse over a year. As a result, law’s delay has been frustrating governance. The new MoP will speed filling up of gaping vacancies in the judicial machinery, it is hoped. The credit for the resolution of the crisis certainly goes to recently appointed Chief Justice of the SC J.S Khehar. The apex court collegium has agreed to the clause empowering the Centre to reject any appointment to hire courts on grounds of national security. The government for its part will have to give a specific reason for nixing an appointment. The collegium has also consented to the setting up of Secretariats in the Supreme Court for maintain data basis on Judges which will help in their selection.
The concentration between the government and the SC began after a Constitution bench headed by Justice Khehar struck down the National Judicial Appointments Commission in October 2015. The Bench asked the SC to frame a fresh MoP in consultation with the Chief Justice of India in December 2015. The new MoP should strike a balance between judicial autonomy and transparency. The consensus should speed up appointments and clear the huge backlog of pending cases. The Centre and States should join hands in prioritising major cases. The Supreme Court should introduce reforms to eliminate law’s delay