Don't question govt's intention: Law minister on next CJI's appointment
The government's intention on the appointment of the next Chief Justice of India (CJI) should not be questioned, law minister Ravi Shankar Prasad said on Monday, noting that when the incumbent names the senior-most judge of the Supreme Court as his successor as per convention, the executive will take a call.
He was responding to a question on whether the government will follow the laid-down conventions and procedures to appoint Justice Ranjan Gogoi as the next Chief Justice when incumbent Dipak Misra demits office on October 2.
"The question is imaginary ... as far as the appointment of the Chief Justice of India is concerned, the convention is clear ... the sitting chief justice names the senior-most judge (of the top court) as his successor. When the name comes to us, we will discuss it," he told a press conference held to highlight the achievements of the law ministry in the past four years.
He also said that no one had the "right to question our intention".
Speculations surrounding Justice Gogoi's appointment as the next CJI emerged following the unprecedented press conference of four senior judges in January this year when they had criticised Justice Misra over various issues, especially the manner of allocation of cases to certain benches.
Justices J Chelameswar, Ranjan Gogoi, Madan B Lokur and Kurian Joseph addressed the unprecedented press conference, perhaps a first in the history of Indian judiciary.
According to the memorandum of procedure, a document which guides the appointment and transfer of judges of the apex court and the 24 high courts, "Appointment to the office of the Chief Justice of India should be of the senior-most judge of the Supreme Court considered fit to hold the office."
Days
before
the
CJI's
retirement,
the
law
minister
seeks
his
recommendation
for
the
appointment
of
his
successor.
"Whenever
there
is
any
doubt
about
the
fitness
of
the
senior-most
judge
to
hold
the
office
of
the
Chief
Justice
of
India,
consultation
with
other
judges
...
would
be
made
for
appointment
of
the
next
Chief
Justice
of
India,"
the
document
states.
Responding to another question on the delay in finalising the memorandum of procedure for appointment of judges, Prasad said discussions were on and the Supreme Court and the government would have to finalise the document together.
"Our view (on the MoP) is that the norms of those selected (as judges) have to be mentioned (in the document)," he said.
After the Supreme Court struck down a law through which the government had sought more say in the appointment of judges, the top court and the government have been trying to iron out differences on the MoP.
He said those claiming hat the government was not appointing judges should remember that "numbers speak for itself".