Centre cannot 'pick and choose' names from collegium resolutions: SC

The bench noted in its order that 14 first-time recommendations and five reiterated recommendations are currently pending with the Centre

The Supreme Court on Tuesday expressed its displeasure against the central government’s “pick and choose” approach in accepting names from the collegium resolutions for judges’ appointments.

“This pick-and-choose must stop. This is not an off-hand remark, but something I have discussed with the collegium,” Justice Sanjay Kishan Kaul said.

The Bench, also comprising Justice Sudhanshu Dhulia, said if appointments were done in a selective manner, it would deter young lawyers from joining the bench.

“In recommendations made recently, selective appointments have been made. This is also a matter of concern. If some appointments are made while others are not, the inter-se seniority is disturbed. This is hardly conducive to persuading successful lawyers to join the Bench," it said.

The court conveyed its concerns to the Attorney General (AG) for India, R Venkataramani, regarding certain proposals made by the collegium for the transfer of High Court judges pending with the Centre.

Justice Kaul cited the example of recent appointments cleared for the Punjab and Haryana High Court, where the Supreme Court collegium had recommended the elevation of five advocates as judges but the Centre only cleared three of them.

Justice Kaul said several recent appointments made by the Centre were along the same lines. “We hope the situation does not come to a pass that the collegium or this court takes a decision that is not palatable,” the Bench observed.

The Bench noted in its order that 14 first-time recommendations and five reiterated recommendations were currently pending with the Centre.

After dictating the order, Justice Kaul told the AG: “Show some progress. This transfer issue stares in the face immediately, apart from selective appointments. These transfers must happen. Otherwise, it creates a huge anomaly in the system.”

The next date of hearing is on November 20.

The hearing was on a petition filed by the Advocates Association of Bengaluru seeking contempt action against the Union Ministry of Law and Justice for not adhering to the timeline set by the court in a 2021 judgment for clearing collegium proposals on November 7, 2023.

Another plea was also filed in the same case by a non-profit, Centre for Public Interest Litigation, raising concerns about the delay in judicial appointments.