Justice PS Narasimha Recuses From Supreme Court Hearing on 11-Year Delay in Finalising Judges’ Appointment Procedure

Supreme Court judge Justice PS Narasimha on Monday withdrew from hearing a public interest litigation seeking the finalisation of the revised Memorandum of Procedure (MoP) for judicial appointments, which has remained pending for nearly 11 years.

The matter was placed before a Bench comprising Justices PS Narasimha and Alok Aradhe. Justice Narasimha recused himself because he had previously represented the Union government as Additional Solicitor General during proceedings concerning the National Judicial Appointments Commission (NJAC) before the Supreme Court.

PIL Questions Prolonged Delay in Revising MoP

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The petition, filed by NGO Lok Prahari, raised concerns over the continued delay in finalising the revised MoP despite several rounds of correspondence between the Centre and the Supreme Court.

The MoP comprises documents setting out the procedure for appointing, elevating and transferring judges of the Supreme Court and High Courts.

According to the petitioner, the revised framework has remained unresolved for almost 11 years.

Lack of Publicly Available Selection Criteria Raised

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The PIL also highlighted the absence of clearly established and publicly accessible criteria for assessing candidates considered for appointment as judges of constitutional courts.

The petition raised questions about the process used to evaluate and select candidates for judicial office, alongside the prolonged delay in completing the revised appointment procedure.

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