New Delhi: Law Minister M Veerappa Moily Wednesday hinted that the government may consider amending the
Constitution to change the existing procedure for appointment
of members of the higher judiciary.
"We will take the legislative course," he said adding that
the need for such a situation would not arise as the
government believed in "taking the judiciary on board" on such
He was responding to reporters’ queries on the statement by
former Chief Justice of India K G Balakrishnan on the eve of
his retirement that he had received a letter from the
government seeking his comments on the idea of changing the
existing Memorandum of Procedure.
The Memorandum of Procedure governs the appointment and
transfer of judges of the Supreme Court and the High Courts.
He said the government does not favour reviewing the 1993
and 1998 Supreme Court judgements which led to the creation of
memorandum of procedure.
A Vision Statement issued by the Law Ministry on October
24 last year had said the present collegium system of
appointment of judges to the higher judiciary was coming in
its way to overcome the shortage of judges and suggested
involvement of executive and legislature to hunt for the best
"The increased number of members of collegium has made
the consultation process cumbersome and hence there is delay
in the selection and elevation of judges," the statement
presented by Moily to Balakrishnan had said.
The document expressed hope that the executive and
legislature will take initiative in recommending the best
possible talent for selection to the judiciary.
Addressing a press conference in October, 2009 Moily had
said, "may be, we have to revisit the procedure" on the
appointment of judges.