'Why is it pending': SC pulls up govt over non-appointment of judges

The Supreme Court Collegium is not a search committee for judges whose recommendations can be stalled, said CJI

The Supreme Court on Friday (September 20) directed the Centre to furnish details regarding the names and numbers of candidates recommended by the apex court Collegium for judicial appointments, alongside an explanation for why these individuals have not yet been considered and the status of their applications.

The instruction was issued by a bench led by Chief Justice of India DY Chandrachud, which included Justices JB Pardiwala and Manoj Misra, during the hearing of a Public Interest Litigation (PIL) requesting a timeline for the government's notification of judges recommended by the Collegium.

“The Supreme Court Collegium is not a search committee (for judges) whose recommendations can be stalled,” the Chief Justice stated. He asked Attorney General R Venkataramani, representing the Centre, to compile a list of the reiterated names and clarify “why they are pending and at what level.”
 

The bench noted that some appointments are currently in progress and expressed optimism that resolutions would be reached shortly, postponing the hearing at the Attorney General’s request.

Collegium recommendations under scrutiny
 

The petition, submitted by advocate Harsh Vibhore Singhal, aimed to eliminate the existing ‘zone of twilight’ concerning the timeframe for notifying the Collegium’s recommendations for higher judicial appointments. It argued that without a set timeline, “the government arbitrarily delays notifying appointments, thereby undermining judicial independence, jeopardising the constitutional and democratic order, and disrespecting the authority and wisdom of the court.”

Lawyer Prashant Bhushan highlighted the case of senior advocate Saurabh Kirpal, who has not been appointed as a high court judge despite repeated recommendations from the Collegium.