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Law Minister says Centre has sent suggestions for Supplementing MoP For Appointment Of Judges

In the Rajya Sabha, the Union Law & Justice Minister Kiren Rijiju while replying to a question said that the Center has sent suggestions for supplementing the Memorandum of Procedure (MoP) for the appointment of Judges to the High Courts and Supreme Court.

The question was raised before the Minister by the Member of Parliament Binoy Viswam who asked whether the Government has any intension to change the current collegium system for the appointment of judges to the Supreme Court and High Courts.

The Law minister said 154 proposals received from High Courts are at various stages of processing between the Government and the Supreme Court Collegium.

The Minister also explained that the delays in the transfer and appointment of judges by saying that filling the vacancies in the High Courts is a continuous, integrated and collaborative process which is between the Executive and the Judiciary.

He further added that transfer and appointments of Judges of the High Courts needs several approvals from constitutional authorities both at the state and central level.

He said that while every effort is made to fill up the existing vacancies expeditiously, vacancies of Judges in High Courts always are rising due to the retirement, resignation or elevation of Judges and also due to increase in the strength of judges.

The Minister, while answering a question by MP Amee Yajnik, also said that although there is no provision in Constitution to provide for reservation for any caste or class of persons, the Government has instructed Chief Justices of High Courts to ensure social diversity in the appointments.

Under article 124, 217 and 224 of the Constitution of India, the appointment of Judges of the Supreme Court and High Courts is made which do not provide for reservation for any caste or class of persons, but due consideration be given to suitable candidates belonging to Scheduled Castes, Scheduled Tribes, Other Backward Classes, minorities and Women to ensure social diversity in appointment of Judges in High Courts

The Minister has apprised Parliament that around 242 Fast Track Courts have been setup up after 2017. On December 31, 2017 there were about 596 such courts, which have increased to 838 as on October 31, 2022.

The Parliament was informed by the Minister that the Registry of the Supreme Court has compiled data on the status of judicial infrastructure and court amenities, as per which 41% of the district courts had a studio-based video conferencing facility and only 14 per cent of district court complexes had video linkages with medical officers and 38 per cent had video linkages with jails.

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