New Delhi, Nov 19 (PTI): The Government on Thursday expressed its inability before the Supreme Court in formulating the draft Memorandum of Procedure (MOP) for appointment of judges in the higher judiciary.

Attorney General Mukul Rohatgi, who was on Wednesday asked by the five-judges constitution bench to prepare the draft MoP, said, “it is not possible for the government to devise a draft MoP for judicial discussion. It is an unnecessary burden on this court. There is no procedure of draft MoP in the Constitution. We can't issue it.”

Rohatgi rather asked the bench, headed by Justice J.S. Khehar, to issue directions for making the collegium system better and give up the task of drafting MoP.

”There cannot be a continued mandamus. It has to end somewhere. Some finality has to be achieved,” Rohatgi said.

The bench, during the hearing, made it clear that it does not want to supplant but only supplement to the framework devised in pursuance to the nine-judges-bench in the second and the third judges case.

The court is hearing the suggestions advanced by the government, lawyers and others for improving the collegium system of judicial appointments.

It had on Wednesday asked the Centre to formulate a draft MoP, based on these suggestions, for appointments of judges to higher judiciary to be made by collegium.