During Monday's Lok Sabha session, Law Minister Arjun Ram Meghwal expressed the government's willingness to consider a policy regarding the transfer of high court judges
During his response to the debate on the Advocates (Amendment) Bill, approved by the Lok Sabha on Monday, Law Minister Arjun Ram Meghwal mentioned these statements. It's important to note that the Bill had previously received clearance from the Rajya Sabha.
In response to Kalyan Banerjee of the Trinamool Congress (TMC), Mr. Meghwal highlighted that since the establishment of the collegium system in 1993, the Supreme Court Collegium has been responsible for recommending the transfer and appointment of judges.
The minister emphasized that the collegium holds the authority to recommend the transfer of high court judges to the government. He underscored that no judge can be appointed, elevated, or transferred without the collegium's recommendation.
He said the government had brought the National Judicial Appointments Commission (NJAC) Bill, which was passed by the Lok Sabha with unanimity and by the Rajya Sabha with near unanimity.
"But the Supreme Court has the power of judicial review," Arjun Ram Meghwal said, hinting at the top court's decision to strike down the NJAC Act that had sought to overturn the collegium system.
The government previously informed the Lok Sabha that the Memorandum of Procedure does not specify any timeline for the transfer of high court judges. This procedural document outlines the guidelines for the appointment, elevation, and transfer processes of judges across the Supreme Court and 25 high courts.
In a written response to a Lok Sabha query, former Law Minister Kiren Rijiju highlighted that all transfers are conducted in the interest of the public, aiming to enhance the overall administration of justice across the nation. Rijiju's statement came shortly after the Supreme Court expressed discontent over the government's delay in approving recommendations for the transfer of certain high court judges, considering it a significant and pressing matter.
"No timeline has been prescribed in the Memorandum of Procedure (MoP) for transfer of judges from one high court to another," Kiren Rijiju had said.
Responding to another issue raised during the course of the debate on the Bill, Mr Meghwal said some members had demanded high court benches in their states.
He mentioned ongoing collaborative efforts between the Supreme Court and the government to explore the feasibility of utilizing video-conferencing for granting bail and addressing other pertinent legal matters.
"It is a positive step as, suppose a bench (of the high court) could not be set up due to some reason or the other, a high court-like facility can be provided through a video-conference," the minister said.
Website designed, developed and maintained by webexy