Potential implications of the draft SOP on the power of judicial review.
The union government has proposed to the Supreme Court a draft standard operating procedure (SOP).
The Centre said it had drafted the protocol for the Supreme Court’s consideration to create a more “congenial and conducive” environment between the judiciary and government.
Chief Justice of India said some parts of a draft SOP prepared by the Centre to tailor judicial conduct in government-related cases read as if the Centre wanted to dictate the exercise of judicial review.
Solicitor-General flatly denied any intention on the government’s part to modify the courts’ power of judicial review through the draft SOP.
He said the draft focused on how senior government officials, including the Chief Secretaries, were being summoned by courts for the slightest reason.
The Chief Justice also found several important points worth consideration in the draft SOP, including a proposed bar on courts from summoning officials when the case was still pending in appeal.
The Chief Justice made it clear that the Supreme Court would restrict its order only to the aspect of issue of summons to government officials, and nothing else.
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