MEMORANDUM OF PROCEDURE: A CONUNDRUM ON JUDICIAL APPOINTMENTS (AN UNSOLVED MYSTERY)

The Supreme Court Bar Association (SCBA) has written to Chief Justice of India B R Gavai and Law Minister Arjun Ram Meghwal seeking finalisation of the memorandum of procedure (MoP) and institution of a "transparent, equitable, and merit-driven" framework for appointment of judges in the top court and high courts. On the issue of marginalisation of briefing lawyers, the SCBA president said the existing process focuses almost exclusively on arguing counsels while ignoring briefing lawyers and juniors, who are often the "unseen architects" of litigation. "To elevate only the visible face is to perpetuate a flawed understanding of competence," he wrote to the CJI. At last it can be seen that though lot of time has passed since the fourth judges case but still the finalisation of memorandum of procedure for judicial appointments in higher judiciary is pending and need to be seen by the executive which is against the spirit of independent judiciary and useful for the free and fair judicial appointments in the country which is the need of the hour, though there has been a demand for a better and independent judicial transparency in the judicial appointments which need is the cornerstone of a healthy democracy in the country, India is the sole country where judges themselves appoint their successors which is against the spirit of checks and balances principle and healthy democratic principles