Following a recent reprimand by the Supreme Court for delaying the appointment of judges recommended by High Court collegiums, the Central Government has taken action by clearing and sending the names of 70 judges to the Supreme Court collegium.
In response to the government’s steps, a bench consisting of Justices SK Kaul and Sudhanshu Dhulia expressed satisfaction, stating, “Since you are always at the receiving end, today there are some compliments for you. The positive development first, the large number of recommendations of 70 names from the collegium has now been forwarded to the ministry. The collegium requires the opinion of consultee judges to be taken and to be done at the earliest.”
Justice Kaul further explained that the Supreme Court collegium will now seek the views of consultee judges on the recommendations made by the high courts, with the goal of expediting the process and potentially clearing the names in October.
Regarding the appointment of the Chief Justice of Manipur High Court, the bench reviewed the status report filed by the Centre and emphasized the need for prompt action. Justice Kaul urged the government to resolve the pending appointment swiftly, saying, “By the next date, I want this to be done. I am being very polite. Let me be polite.”
In relation to the transfer of 26 high court judges, the bench acknowledged the Centre’s report, indicating that 14 cases have been cleared, and notifications will be issued soon. The remaining 12 cases are currently in the processing stage.
Addressing concerns raised by Senior Advocate Arvind Datar and Advocate Prashant Bhushan, the bench discussed the scenario where the government objects to a recommended judge’s appointment, but the Collegium overrules this objection. In such cases, the government has the right to send the recommendation back for further consideration. The bench suggested that when names are reiterated after such deliberation, the appointment should proceed. Datar proposed that reiterated names be treated as deemed appointments, but Justice Kaul emphasized the practical complexities involved.
The hearing was adjourned until October 20, with the bench emphasizing that names recommended for the first time and not yet appointed should be expedited for appointment or that the rejection should be duly completed, preventing such names from being in limbo.
The court addressed two pleas, including one that alleged delays by the Central Government in approving appointments and transfers recommended by the collegium.
