Memorandum of Procedure
In one line: The Memorandum of Procedure (MoP) is an agreed executive document that lays down, step by step, how judges of the higher judiciary are appointed.
What it does
The MoP was drawn up after the Second Judges Case to put the collegium's role into a working procedure. For a High Court Chief Justice, the proposal is initiated by the CJI with the two senior-most Supreme Court judges. The Union Law Ministry seeks the views of the State government, then the file goes to the Prime Minister, who advises the President. As a policy, Chief Justices are appointed from outside their own State.
Its gaps
The MoP is not a law, and, as the Punjab episode shows, it sets no time limit for the State's views. After striking down the NJAC in 2015, the Supreme Court asked the government and the judiciary to revise the MoP, but the revision has long been pending.
Where to go next
- The Judges Cases
- Common High Courts under Article 231
Memorandum of Procedure in the news
- A Supreme Court judge defends the Collegium and hits back at the Centre 24 September 2026
The missing rulebook
- Punjab asks Centre to hold High Court Chief Justice appointment, citing MoP breach 7 September 2026
The executive rulebook for the steps of appointment, and the gap Punjab is pointing to.
Previous-year questions on this
- 2025 · GS2 · 15 marks Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA.
- 2025 · GS2 · 15 marks "Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike..." In view of the above observation of the Supreme Court, explain the concept…
- 2023 · GS2 · 10 marks "Constitutionally guaranteed judicial independence is a prerequisite of democracy". Comment.
- 2017 · GS2 · 10 marks Critically examine the Supreme Court's judgement on 'National Judicial Appointments Commission Act, 2014' with reference to appointment of judges of higher judiciary in India.