There is a likelihood of the relationship between the centre and the judiciary getting thawed even as the former has earlier reiterated its stand on a majority of clauses in the Memorandum of Procedure (MoP) that would give it a more prominent say in appointments to the higher judiciary.
The government’s last written communication on the contentious points in the draft MoP was sent on August 3 by Union Law Minister Ravi Shankar Prasad to Chief Justice of India (CJI) T S Thakur. However, on August 7, Prasad visited the CJI at his residence to explain the government’s point of view. And on August 9, Prasad told the Rajya Sabha that the government doesn’t intend to have any veto on judicial appointments and that it was working closely with the judiciary to resolve differences. This reflected the government toning down its stand on MoP.
Indianmandarins has learnt that CJI Thakur may hold consultations with four of his senior-most brother judges and take a fresh view of the draft MoP in view of government’s renunciation of veto powers. The MoP serves as a rulebook for appointments to the higher judiciary and is being revised on the orders of a Supreme Court bench, which declared in October 2014 that the NJAC Act passed by Parliament was “unconstitutional and void”.