Chief Justices of the high courts and judges of the Supreme Court should be appointed based on an appraisal of their previous performance says a new Memorandum of Procedure (MoP) that has been sent to Chief Justice of India TS Thakur for consideration.
The new MoP was created by a group of ministers with Sushma Swaraj, Minister for External Affairs, at its head.
Judges should be promoted as high court chief justices and Supreme Court judges based on merit, says the MoP. Merit will be gauged by evaluating judgments delivered by a high court judge over the last five years of her or his career. To be promoted as the chief justice of a high court, judges will have to show any initiatives they have undertaken to improve judicial administration, according to The Indian Express.
The MoP adds that no high court should have an acting chief justice for more than three months.
Seniority as well as merit and integrity will be the criteria for the appointment of Supreme Court justices, says the new MoP. Chief justices of the high courts should be given preference for SC appointments, and if a senior chief justice of a high court is not picked to fill a vacancy in the Supreme Court, “the reasons for the same (should) be recorded in writing”.
The MoP also states that up to three judges in the Supreme Court must be appointed from among eminent members of the Bar and distinguished jurists. Their appointment would be based on their past records as well as recommendations from all the judges of the Supreme Court to the Collegium, which is composed of the Chief Justice of India and the four senior-most judges of the SC.