by Adv. Kanishak Jaishwal
In a recent development, the Supreme Court of India has brought to light a contentious issue surrounding the appointment of judges. The Court made a significant observation, stating that the Central government cannot obstruct the elevation of judges merely because the names proposed by it were not approved by the Collegium.
The Collegium’s Role
The Collegium system, which plays a pivotal role in the selection and appointment of judges in India, is composed of the Chief Justice of India and a group of senior judges. This body is entrusted with the crucial responsibility of recommending candidates for judicial positions, particularly in the higher judiciary. While the Central government plays an essential part in this process, it does not have the authority to overrule the Collegium’s decisions.
The Supreme Court’s Stand
A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia emphasized that when the Collegium rejects a name for judgeship, that decision should be final. In their words, “Suppose some name is cleared by you (Central government), and suppose the Collegium does not clear it. Then that should be the end of the chapter. This has happened in more than one case. This cannot be the reason other names are halted. Else it becomes like a ping pong ball.”
The Court raised concerns over the Central government’s “pick and choose” approach when appointing judges, as it was observed to disrupt the seniority among those recommended for judgeships.
The Perplexing Issue
The Supreme Court expressed apprehension that a situation might arise where the Collegium or the Supreme Court is forced to make an unpalatable decision due to the Central government’s actions.
Notably, the judges pointed out that less than half of the names recommended by the Supreme Court Collegium for judgeships were being approved by the government. The reasons for disapproval often stemmed from intelligence reports or adverse inputs from the government.
The Issue of Seniority
Justice Kaul noted, “The pick and choose is creating a lot of difficulties, and people who are senior are left out.” This observation highlights a crucial concern in the process, as experienced and senior candidates risk being superseded by the appointment of junior candidates, chosen from among those recommended by the Supreme Court Collegium.
The Court also cited an example of recent appointments to the Punjab and Haryana High Court, where out of the five names recommended by the Collegium, the Centre cleared only three for appointment. This selective clearance, according to the Court, disrupts the inter se seniority and is not conducive to encouraging young lawyers to join the bench.
Delays in Transfers
The Supreme Court also drew attention to the delay in implementing transfers of judges recommended by the Collegium. “The transfers are troubling us… The first set took a couple of months, and now the same position even for transfers. How should we accept it all? Transfers must take place immediately,” the Court emphasized.
This entire debate unfolded during the hearing of a plea filed by the Advocates Association Bengaluru. The Association raised concerns over the delays in appointing judges, asserting that the Central government’s failure to process the names recommended by the Collegium was in direct contravention of the top court’s judgment in the Second Judges case.
The Future Outlook
In the backdrop of this controversy, meritorious lawyers recommended by the Collegium for High Court judgeships often hesitate to accept their appointments due to the Central government’s selective processing of names. This not only affects the potential seniority of the candidates but also raises questions about the efficacy and fairness of the entire judicial appointment process.
Attorney General Venkataramani assured the Court that he would engage in discussions with the government to address the concerns raised. The matter is slated for further hearings on November 20, where it is expected that more light will be shed on this ongoing issue.
In conclusion, the relationship between the Central government and the Collegium in the appointment of judges remains a subject of contention, with broader implications for the Indian judiciary. The need for a transparent and efficient process that ensures the appointment of deserving candidates while preserving the integrity of seniority is more pressing than ever.
FAQs
- What is the Collegium system in India’s judiciary? The Collegium system is a body of judges responsible for recommending candidates for judicial appointments, particularly in the higher judiciary
- Why did the Supreme Court criticize the Central government’s role in judges’ appointments? The Supreme Court expressed concerns over the Central government’s “pick and choose” approach, which was observed to disrupt the seniority among recommended judges.
- How is seniority affected by the selective approval of judges’ appointments? Selective approval may result in senior and experienced candidates being superseded by junior candidates, impacting the seniority of judges.
- What is the significance of the Second Judges case in this context? The Second Judges case is a landmark judgment of the Supreme Court that addresses the process of judicial appointments and emphasizes the role of the Collegium system.
- What can we expect in the future regarding this issue? The matter is scheduled for further hearings on November 20, where more insights into this ongoing issue may emerge.
