'Thought Of Saying A Lot, But...': Supreme Court Raises Issue Of Govt Delaying Judges' Appointments

The Supreme Court said 70 recommendations made by the CJI-led Collegium from November 11, 2022, were pending with the Centre.

File photo of Supreme Court. The court expressed concern over delays in appointing judges

Source : Getty

The Supreme Court on Tuesday expressed concern over delays in appointing judges and noted that Collegium recommendations to appoint nine High Court judges and transfer twenty-six were pending with the Centre, Bar and Bench reported. The apex court said it would "monitor" the issue closely now.

A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said the appointment of a Chief Justice in a "sensitive High Court" was also pending -- a likely reference to the Manipur High Court, Bar and Bench reported. Justice Siddharth Mridul of Delhi High Court was recommended by the Collegium to be appointed as Manipur High Court Chief Justice.

Sharing its concerns with the Attorney General R Venkataramani, the apex court said 70 proposals made by the Supreme Court Collegium from November 11, 2022, were pending with the Centre.

"Number of names reiterated is seven. Nine names have been proposed for the first time, one Chief Justice promotion, 26 transfers...which means 70 names recommended from Nov 11, 2022," Justice Kaul told AG Venkataramani.

The Attorney General sought a week's time to respond. The SC posted the matter for hearing on October 9.

"In some ways, we have endeavoured to push these things. Now we want to monitor it closely", Justice Kaul said, Live Law reported.

The Supreme Court made the observations while hearing a petition filed by the Advocates Association of Bengaluru seeking contempt action against the Union Law Ministry for not adhering to the timeline set by the court for clearing collegium suggestions. A writ petition filed by NGO Common Cause was also listed.

Advocate Prashant Bhushan, appearing for NGO Common Cause, said many advocates had withdrawn their consent for judgeship due to the delay in appointments.

"Some of them lose interest and withdraw. One or two such great candidates. With the assurance from AG, I'll take this matter up every 10 days. I thought of saying a lot, but since the attorney is asking for seven days, I'm holding myself," Justice Kaul said, Live Law reported.

The apex court, last year in November, had sought a response from the Law Secretary in the matter. The Supreme Court observed that the seniority of judges was being affected when the Centre adopted a policy of picking and choosing judges from the names recommended by the Collegium, Bar and Bench reported.