Tambaram Spot: Judicial Appointments: SC flags delay by Centre on names sent by Collegium

Tambaram: After a lull of seven months, the government and judiciary appear to be headed for another round of confrontation over judicial appointment with the Supreme Court on Tuesday pointing the finger at the Centre for sitting on 70 recommendations for appointment and transfer of high court judges.

“There were 80 recommendations pending until last week when 10 names were cleared. Now, the figure is 70 — of which 26 recommendations are of transfer of judges; seven are reiterations; nine are pending without being returned to the Collegium; and one case is of appointment of the Chief Justice to a sensitive high court (Manipur),” a Bench led by Justice SK Kaul said, adding, “All these recommendations are pending since November last year.”

The SC and government have been at loggerheads for quite some time over the Collegium system of appointment of judges that has been in place since 1993. Then Law Minister Kiren Rijiju had in December last year termed it “alien” to the Constitution.

Justice Kaul — the senior-most judge after CJI DY Chandrachud — is part of the SC Collegium that controls appointment of judges to the higher judiciary. While hearing a petition filed by the Advocates’ Association, Bengaluru, alleging “wilful disobedience” of the time frame laid down to facilitate timely appointment of judges in its April 20, 2021 order, the Bench on Tuesday told Attorney General R Venkataramani to impress upon the Centre to process the names recommended for appointment and transfer of high court judges.

Justice Kaul — the senior-most judge after CJI DY Chandrachud — is part of the SC Collegium that controls appointment of judges to the higher judiciary. While hearing a petition filed by the Advocates’ Association, Bengaluru, alleging “wilful disobedience” of the time frame laid down to facilitate timely appointment of judges in its April 20, 2021 order, the Bench on Tuesday told Attorney General R Venkataramani to impress upon the Centre to process the names recommended for appointment and transfer of high court judges.

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