SUPREME COURT :
On Tuesday, the Supreme Court acknowledged that the Central government currently has pending Collegium proposals for the appointment of nine High Court judges and the transfer of twenty-six judges. Notably, among these proposals is the appointment of the Chief Justice for a High Court of significant sensitivity, as stated by a bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia.
Justice Kaul made an oral remark stating that there are currently 26 transfers pending, including the appointment of a Chief Justice at a sensitive High Court. Nine of these transfers are still pending without being returned, and Justice Kaul has access to the data. It is likely that the sensitive High Court being referred to is the Manipur High Court, and Justice Siddharth Mridul has been recommended for the position of Chief Justice since July 5.
The Supreme Court expressed its disapproval of the delay in making this and other judge appointments during a hearing of a plea filed by the Advocates Association Bengaluru regarding delays in appointing judges. The Association argued that the Central government's failure to process the names recommended by the Collegium for appointment was in direct contravention of the Second Judges case. The Supreme Court indicated that it was withholding further comments since the Attorney General had requested a week's time to get instructions on the matter. The Court had previously observed that the seniority of judges was being affected when the Central government adopted a policy of picking and choosing persons from the names recommended by the Collegium for judgeship.
The delay in the process of appointment was resulting in the best of first-generation lawyers declining to be part of the bench, which is detrimental to the legal profession and embarrassing to the candidates involved.
The Court emphasized that although the government may express its objections to the recommendations put forth by the Collegium, it is not permissible to withhold names without providing any reservations. Justice Kaul additionally commented that individuals of high moral character should be appointed to the bench and that the schedule for appointments must be followed unless there are extraordinary circumstances.
TAGS: Supreme Court of India Justice Sanjay Kishan Kaul Appointment of Judges Supreme Court Collegium Justice Sudhanshu Dhulia Collegium Recommendations Bench Court
