Judges’ Appointment MoP: Justice Narasimha Recuses From Plea

Justice PS Narasimha of the Supreme Court declined on Monday, 2 November 2026, to hear a petition by the NGO Lok Prahari that asks the court to force the finalisation of the Memorandum of Procedure (MoP) for appointing judges to the Supreme Court and High Courts. Sitting with Justice Alok Aradhe, he said he had appeared as Additional Solicitor General before the five-judge bench in the NJAC case and directed that the matter be placed before the Chief Justice of India for an appropriate order, according to a LiveLaw report.

A Plea on Transparency in Judge Selection

The writ petition, W.P.(C) No. 1214/2026, was filed under Article 32 through the organisation’s general secretary, S.N. Shukla, a retired IAS officer. Senior advocate Sanjay Hegde appeared for it. It asks for directions to the CJI and the Union government to complete the revision within a fixed time, and for clear public criteria for selection, recorded reasons, and RTI access to Collegium minutes on judicial selections. The petition argues that selection must follow objective standards under Article 14 while keeping judicial independence intact.

Eleven Years Since the NJAC Verdict

After the Supreme Court struck down the National Judicial Appointments Commission in 2015, the Constitution Bench said the existing MoP could be supplemented and finalised by the government in consultation with the CJI. It pointed to eligibility criteria, transparency in selection, a permanent secretariat and a mechanism for complaints against prospective judges as areas needing work. According to the petition, the revised MoP is still not final nearly 11 years later, despite repeated correspondence between the government and the court.

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The Collegium continues to make appointments in the meantime; IPB reported its recommendation of four High Court chief justices in a separate report.

Listing Now Rests With the CJI

No hearing date has been fixed. The matter will be listed before a different bench once the CJI passes an order. Whether the court will entertain the plea, or treat the issue as one for the executive and the judiciary to settle between themselves, is not yet known.

Source: Based on reporting by LiveLaw.

Image: Wikimedia Commons.