Supreme Court Voices Concerns And Takes A Firm Stand On Delayed Judges’ Appointments

In a potential confrontation between the Executive and Judiciary over judges’ appointments, the Supreme Court has raised questions regarding the delay in sending recommendations of high court judges to the Collegium by the central government. During a hearing on petitions alleging the government’s delay in clearing names, a bench consisting of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia expressed concerns and emphasized that they are closely monitoring the situation. Justice Kaul pointed out that 80 names from high courts have been pending for ten months, and the collegium needs the government’s view on these appointments.

The bench also highlighted that the transfer of 26 judges and the appointment of a Chief Justice in a “sensitive high court” are still pending. Justice Kaul expressed knowledge of the number of names recommended by high courts that haven’t reached the Collegium yet.

In response, the Attorney General, R Venkatramani, requested a week’s time to respond to the matter. The bench granted him two weeks, and the case will be heard again on October 9.

Justice Kaul made strong remarks, indicating his concern over the issue. He stated that while he is holding back on further comments for now due to the Attorney General’s request, he won’t remain silent in the future.

The appointment of judges has been a contentious issue between the Supreme Court and the Executive. The government has argued for a role in the selection of judges, but the Supreme Court, in a 2015 ruling, had struck down the National Judicial Appointments Act, asserting the primacy of the Collegium system.

This ongoing tussle between the Executive and the Judiciary resurfaced last year when Vice-President Jagdeep Dhankhar criticized the Supreme Court ruling, claiming it had “undone” the law. The Supreme Court responded by reaffirming the validity of the Collegium system, stating that it should be followed diligently and that public opinions against it do not change its status as the law of the land.

Under the Collegium system, the Chief Justice of India and senior judges recommend names for appointment to high courts and the Supreme Court. These recommendations are sent to the central government, and after clearance, the President makes the appointments.