Finalisation of the MoP, which will be sent to the Centre for approval and adoption this week, raises hopes of speedy filling up of vacancies in HCs, which are operating at below 60% of their sanctioned strength, said the Times of India.
In many HCs, court rooms have been shut because of lack of adequate number of judges. This is hampering disposal of cases, which adds to the backlog.
“There were no other sore points except the national security clause and secretariat in the MoP that required resolution.
The members of the SC collegium held seven meetings and unanimously finalised the MoP after debating each clause and sentence of the new MoP while keeping in view the provisions of the old MoP and the constitution bench judgment of October 2015,” TOI quoted a source as saying.
The source said the collegium agreed with the Centre on the national security clause on the condition that specific reasons for application of the clause were recorded. Other sources confirmed that the issue, one of the sticking points, was resolved “in the best possible way”.
A constitution bench headed by Justice Khehar had in October 2015 had struck down the NJAC and in December 2015 had directed the Centre to frame a new MoP in consultation with the CJI, who was to act in accordance with the unanimous view of the members of the collegium.
For the last one year, the draft MoP was getting tossed back and forth between the Centre and the collegium with both sides refusing to budge over their stated positions on the national security clause which ostensibly gave veto power to the government to reject a name recommended by the collegium for appointment as judge.
However, things started moving after Justice Khehar took over as CJI and the composition of the collegium changed, allowing it to meet the challenges head on.
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