The Supreme Court will hear on Monday two petitions, including one alleging a delay on the part of the Centre in approving the names recommended by the collegium for the appointment and transfer of judges. A bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Sandeep Mehta will hear the matter on Monday.
During the hearing on November 7, the apex court remarked that it found it “troublesome” that the Centre was selectively appointing judges from the names recommended by the collegium for higher judiciary appointments. The court also expressed concern about the backlog of names recommended for transfer from one high court to another.
“The pendency of transfer matters is an issue of great concern as it has been selectively done. The attorney general submits that the issue is being taken up by him with the government,” the bench stated.
“We have emphasised to him again that once these people are already appointed as judges, where they perform judicial duties should not really be a matter of concern to the government and we hope that a situation would not come to pass where this court or the collegium has to take a decision which would not be palatable,” it added.
The apex court previously noted that 14 recommendations were pending with the government to which there has been no response. Additionally, the court highlighted the existence of five names awaiting consideration, either through a second-time reiteration or otherwise, for an extended period, emphasizing the need to address this matter.
In its order dated November 7, the bench acknowledged the Attorney General’s request for additional time to engage in fruitful discussions with the government on this issue.
The appointment of judges through the collegium system has frequently been a contentious issue between the Supreme Court and the Centre, drawing criticism from various quarters.
The court is currently hearing petitions, including one filed by the Advocates’ Association, Bengaluru, seeking contempt action against the Union Ministry of Law and Justice for allegedly failing to adhere to the timeline set by the court in a 2021 judgment.
One of the pleas has alleged “wilful disobedience” of the time-frame outlined by the apex court in its April 20, 2021, order to facilitate the timely appointment of judges. In that order, the court stipulated that the Centre should appoint judges within three to four weeks if the collegium reiterates its recommendations unanimously.