R.P. LUTHRA Vs. UNION OF INDIA

JUDGEMENT

(1.) We agree with the view of the High Court that there is no merit in challenge to the appointment of judges of this Court and the High Courts on the ground that the MOP was not finalized in terms of the decision of this Court in Supreme Court Advocate-on Record Association and Anr. v. Union of India, (2016) 5 SCC 1, para 1255.

(2.) However, we need to consider the prayer that there should be no further delay in finalization of MOP in larger public interest. Even though no time limit was fixed by this Court for finalization of the MOP, the issue cannot linger on for indefinite period. The order of this Court is dtd. 16/12/2015 and thus more than one year and ten months have already gone by.

(3.) In the meanwhile, observations have been made in the judgment of this Court dtd. 4/7/2017 in In Re.: Hon'ble Shri Justice C.S. Karnan, (2017) 7 SCC 1, paras 77, 78 as to the need to revisit the process of appointments and to set up mechanism for corrective measures other than impeachment against conduct of an erring judge.