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Supreme Court of India

SUPREME COURT ADVOCATES-ON-RECORD ASSOCIATION vs UNION OF INDIA on 16 December, 2015

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W.P.(C) No.-000013-000013 - 2015Official PDFBench Jagdish Singh Khehar, Jasti Chelameswar, Madan Lokur, Kurian Joseph, Shiva Kirti Singh, Adarsh Kumar GoelAdvocates SURYA KANT
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
WRIT PETITION (CIVIL) NO. 13 OF 2015
Supreme Court Advocates-on-Record
Association and Another ….Petitioners
versus
Union of India …Respondent
WITH
WRIT PETITION (C) NO. 14 OF 2015 WRIT PETITION (C) NO. 18 OF 2015
WRIT PETITION (C) NO. 23 OF 2015 TRANSFER PETITION (C) NO.24 OF 2015
WRIT PETITION (C) NO. 70 OF 2015 WRIT PETITION (C) NO. 83 OF 2015
WRIT PETITION (C) NO. 108 OF 2015 WRIT PETITION (C) NO. 124 OF 2015
WRIT PETITION (C) NO. 209 OF 2015 WRIT PETITION (C) NO. 309 OF 2015
WRIT PETITION (C) NO. 310 OF 2015 WRIT PETITION (C) NO. 323 OF 2015 JUDGMENT
WRIT PETITION (C) NO. 341 OF 2015 TRANSFER PETITION (C) NO. 391 OF 2015
TRANSFER PETITION (C) NO. 971 OF 2015
O R D E R

Writ Petition(s)(Civil) No(s).13/2015

Petitioner(s)

VERSUS

UNION OF INDIA Respondent(s) WITH T.P.(C) No.391/2015 T.P.(C)No.971/2015 W.P.(C)No.341/2015 [HEARD BY: HON'BLE JAGDISH SINGH KHEHAR,HON'BLE J. CHELAMESWAR, HON'BLE MADAN B. LOKUR, HON'BLE KURIAN JOSEPH AND HON'BLE ADARSH KUMAR GOEL, JJ.] JUDGMENT Date : 16/12/2015 These petitions were called on for

pronouncement of Orders today.

For Petitioner(s) Mr. Surya Kant, Adv. In WP 13/2015 Mr. Dushyant Parashazr, Adv.

Mr. Pranav Vyas, Adv.

For Petitioner(s) Mr. Dinesh Kumar Garg, AOR In WP 23/2015

For Petitioner(s) Mr. Santosh Paul, Adv. In WP 70/2015 Mr. Joseph Aristotle S., Adv.

For Petitioner(s) Mr. Prashant Bhushan, AOR In WP 83/2015

For Petitioner(s) Mr. Anil B.Divan, Sr. Adv. In WP 108/2015 Mr.Prashant Kumar, Adv.

Ms.Anindita Pujari, Adv.

Mr. Syed Rehan, Adv.

Mr.Ranvir Singh, Adv.

Mr.Jitendra Kr.Mohapatra, Adv.

For Petitioner(s) Mr. Rabin Majumder, AOR

Mr. Ramesh Babu M.R., AOR

For Petitioner(s) Mr. P.M.Duraiswamy, in person(NP)

For Petitioner(s) Mr. Subhasish Bhowmick, AOR

For Petitioner(s) Mr.Rabin Majumder, AOR

In TP(C) 971/15 Ms.Prachi Bajpai, Adv.

In WP(C) 341/15 Mr.Ankur S.Kulkarni, AOR

For Petitioner(s) Mr. Manohar Lal Sharma, in person (NP)in WP 14/2015 JUDGMENT

For Petitioner(s) Mr. R.K. Kapoor, in person(NP)

For Petitioner(s) Mr. Bishwajit Bhattacharyya,in person(NP)

For Petitioner(s) Mr. Rajiv Daiya, in person(NP)

For Respondent(s) Mr. P.S. Narasimha, ASG (UOI) Ms. V. Mohana, Sr. Adv. and for Mrs. Devanashi P, Adv.

petitioners Mr.Nikhil Rohatgi, Adv. In TP 391/2015 Mr.Sameer Rohatgi, Adv.

Mr.D.L.Chidananda, Adv.

Mr.Samit Khosla, Adv.

Mr. B.V. Balaram Das, AOR

For SCBA Mr. Devashish Bharuka, AOR

For State of Raj. Mr.Shiv Mangal Sharma, AAG

for Ms.Ruchi Kohli, AOR

For State of Mr.Tapesh Kr.Singh, Adv. Jharkhand Mr.Mohd.Waquas, Adv.

Mr.Shashank Singh, Adv.

For State of Mr.C.D.Singh, AAG Chhattisgarh Mr.A.P.Mayee, Adv.

Mr. Apoorv Kurup, Adv.

Mr. Rohit Rathi, Adv.

Mr. A. Selvin Raja, Adv.

In I.A.No.7/15 Mr.Arvind P.Datar, Sr.Adv. In WP(C)13/15 Mr. Gautam Narayan, Adv.

For State of Mr.Sapam Biswajit Meitei, Adv. Manipur Mr.Ashok Kumar Singh, Adv.

For State of Mr.Sanjay Kr.Visen, AOR Haryana For State of MP JUDGMENTMr. Mishra Saurabh, AOR

For State of H.P. Mr.Suryanarayana Singh, AAG

Ms.Pragati Neekhra, Adv.

For Govt. of Mr.V.G.Pragasam, AOR Puducherry For State of U.P. Mr. Gaurav Bhatia, AAG

Mr.Utkarsh Jaiswal, Adv.

Mr. Som Raj Choudhary, Adv.

for Mr.Abhisht Kumar, AOR

for BCI Mr. Manan Kumar Mishra, Sr. Adv.

Ms. Anjul Dwivedi, Adv.

For Andaman & Mr.K.V.Jagdishvaran, Adv. Nicobar Admn. Mrs.G.Indira, AOR

For State of Ms.Hemantika Wahi, AOR Gujarat

For State of Mr.Jagjit Singh Chhabra, Adv. Punjab Mr.Gaurav Yadava, Adv.

for Mr. Kuldip Singh, AOR

For State of Mr.M.Yogesh Kanna, AOR Tamil Nadu Mr. Jayant Patel, Adv.

For State of Mr.Ritu Raj Biswas, Adv. Tripura Mr. Shreyas Jain, Adv.

for Mr.Gopal Singh, AOR

For State of Mr.Nishant R Kanteshwarkar, AOR Maharashtra

For State of Ms.Rachna Srivastava, AOR Uttarakhand

For State of Ms.Aruna Mathur, Adv. Sikkim Mr.Avneesh Arputham, Adv.

Ms.Anuradha Arputham, Adv.

Mr.Yusuf, Adv.

Mr. Shobhit Nanda, Adv. For State of JUDGMENTMrs.K.Enatoli Sema, Adv. Nagaland Mr.Edward Belho, Adv.

Mr.Amit Kumar Singh, Adv.

For State of Mr. Shreyas Jain, Adv. Bihar for Mr. Gopal Singh, AOR

Mr. Gautam Talukdar, AOR

Mr. Varun Thakur, Adv.

for Mr. Varinder Kr. Sharma, AOR

Mr. Subo Sankar Mishra, AOR

Mr. Niranjan Sahu, Adv.

Hon'ble Mr. Justice Jagdish Singh Khehar pronounced the

Order of the Bench comprising His Lordship, Hon'ble Mr. Justice

J. Chelameswar, Hon'ble Mr. Justice Madan B. Lokur, Hon'ble Mr.

Justice Kurian Joseph and Hon'ble Mr. Justice Adarsh Kumar

Goel.

For the reasons mentioned in the Reportable Order, which

is placed on the file, the Court while disposing of all the

matters collectively heard, directed as under:

9. During the course of hearing, we were also informed by

the learned Attorney General, that the Memorandum of Procedure

and introducing amendments therein, had always been prepared by

the Government of India in consultation with the President of

India and the Chief Justice of India. This practice, we were

informed, had been consistently adopted, in consonance with the

directions contained in paragraph 478 of the Second Judges

case. In order to allay any fear that may be entertained by

any of the stakeholders, it was submitted that the same

procedure would be adopted now, if the task was entrusted to the executive. We are in complete agreement with the suggestionof the learned Attorney General.

10. In view of the above, the Government of India may

finalize the existing Memorandum of Procedure by supplementing

it in consultation with the Chief Justice of India. The Chief

Justice of India will take a decision based on the unanimous

view of the collegium comprising the four seniormost puisne

Judges of the Supreme Court. They shall take the following

factors into consideration:

Eligibility criteria

The Memorandum of Procedure may indicate the eligibility

criteria, such as the minimum age, for the guidance of the

collegium (both at the level of the High Court and the Supreme

Court) for appointment of Judges, after inviting and taking

into consideration the views of the State Government and the

Government of India (as the case may be) from time to time.

Transparency in the appointment process

The eligibility criteria and the procedure as detailed in the

Memorandum of Procedure for the appointment of Judges ought to

be made available on the website of the Court concerned and on

the website of the Department of Justice of the Government of

India. The Memorandum of Procedure may provide for an

appropriate procedure for minuting the discussions including

recording the dissenting opinion of the Judges in the collegium

while making provision for the confidentiality of the minutes

consistent with the requirement of transparency in the system

of appointment of Judges.

Secretariat JUDGMENT

In the interest of better management of the system of

appointment of Judges, the Memorandum of Procedure may provide

for the establishment of a Secretariat for each High Court and

the Supreme Court and prescribe its functions, duties and

responsibilities.

Complaints

The Memorandum of Procedure may provide for an appropriate

mechanism and procedure for dealing with complaints against

anyone who is being considered for appointment as a Judge.

Miscellaneous

The Memorandum of Procedure may provide for any other matter

considered appropriate for ensuring transparency and

accountability including interaction with the recommendee(s) by

the collegium of the Supreme Court, without sacrificing the

confidentiality of the appointment process.

11. It is made clear that the guidelines mentioned above are

only broad suggestions for consideration and supplementing the

Memorandum of Procedure for the faithful implementation of the

principles laid down in the Second Judges case and the Third

Judges case.

(Renuka Sadana) (Parveen Kr. Chawla) Court Master AR-cum-PS