Supreme Court Calls for Prompt Action on Judges’ Appointments
In a development that underscores the ongoing dialogue between the Executive and the Judiciary on judges’ appointments, the Supreme Court has issued a stern query to the central government regarding the delay in sending high court recommendations to the Collegium.
A bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia, while hearing petitions alleging undue delay by the center in clearing judicial appointments, expressed its vigilance on the matter. Justice Kaul, addressing the center, pointed out that a significant backlog of eighty names from high courts has lingered unresolved for the past ten months.
The bench further highlighted the pending transfer of twenty-six judges and the appointment of a Chief Justice for a “sensitive high court.”
“I have information about the numerous pending names recommended by high courts, yet to be received by the Collegium,” Justice Kaul remarked.
Attorney General R Venkatramani requested one week to provide a response. The bench, granting an extension, accorded two weeks and urged the Attorney General to furnish the center’s submission. The case is now scheduled for further proceedings on October 9.
In a robust statement, Justice Kaul emphasized, “I have much to convey, but I am restraining myself for now. I maintain silence due to the Attorney General’s request for a week to respond, but my silence will not persist on the next hearing date.”
The appointment of judges has been a longstanding point of contention between the Supreme Court and the Executive branch. Government officials have argued for a role in the judicial selection process.
In a landmark ruling in October 2015, the Supreme Court had struck down the National Judicial Appointments Act, a legislation that sought to enhance the Executive’s involvement in judicial appointments.
The discord between the Executive and the Judiciary resurfaced last year following Vice-President Jagdeep Dhankhar’s comments characterizing the Supreme Court ruling as having “undone” the law.
In response, the court reaffirmed the supremacy of the Collegium system as the “law of the land” that should be followed meticulously. The Collegium system empowers the Chief Justice of India and senior judges to recommend candidates for high courts and the Supreme Court. Following center’s clearance, the President makes the appointments.
