‘No timeline prescribed': Rijiju on judges’ transfer

NEW DELHI: There is “no timeline” prescribed in the Memorandum of Procedure for transfer of high court judges, Law Minister Kiren Rijiju informed the Lok Sabha on Friday.

The Memorandum of Procedure guides the appointment, elevation and transfer of judges of the Supreme Court and 25 high courts. In a written reply to a question in the Lok Sabha, he said all transfers are to be made in “public interest” and for promoting better administration of justice throughout the country.

SC affirms BCI power to hold All India Bar Examination

The Supreme Court on Friday affirmed the powers of the Bar Council of India to hold the All India Bar Examination (AIBE), a test that a lawyer has to qualify to practice law in courts of the country.

“These are adequate powers to Bar Council of India (BCI) under the said act (Advocates Act) to provide for such norms and rules. The effect would be that it is left to the BCI as to what stage the AIBE is to be held - pre or post enrolment,” said a five-judge Constitution bench headed by Justice SK Kaul.

The court’s order came on a petition which examined several issues concerning the AIBE, including at what stage can the examination be prescribed by the BCI under the Advocates Act, 1961.

The bench, also comprising Justices Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari, had reserved its verdict in September last year after hearing arguments in the matter.

The SC in March 2016 had observed that one of the questions that have been raised for determination was whether the BCI is competent to prescribe an examination post-enrolment of an advocate as a condition of eligibility for his continuing to practice at the Bar.

The SC had said that the questions need to be authoritatively answered by a Constitution bench.

SC to now function with full strength

The Supreme Court will now function with its maximum strength of 34 judges, with two high court chief justices being elevated to the top court on Friday.

Law Minister Kiren Rijiju took to Twitter to announce the fresh appointments to the top court and extended his best wishes to them. Justice Rajesh Bindal, Chief Justice, Allahabad HC and Justice Aravind Kumar, Chief Justice, Gujarat HC are likely to take oath as judges of the Supreme Court in the next two days, sources aware of the process of appointing judges to the higher judiciary said.