In the wake of recent criticism from the Supreme Court over the Central Government’s delays in processing candidates recommended by High Court collegiums for judgeships, the government announced on Monday that it had taken action, clearing and forwarding the names of 70 judges to the Supreme Court collegium. Justices SK Kaul and Sudhanshu Dhulia expressed their satisfaction with this development and commended the government’s progress in this matter.
Justice Kaul revealed that the Supreme Court collegium would now seek input from consultee judges regarding the recommendations made by the high courts, with the aim of finalizing the appointments in October. He also noted that the appointment of a Chief Justice for a sensitive state, which had been pending for some time, had been given clearance, and the notification would be issued promptly.
The Supreme Court collegium had previously recommended the elevation of Justice Siddharth Mridul from the Delhi High Court to the position of Chief Justice of the Manipur High Court. Justice Kaul stressed the importance of timely action in this regard, urging the government to expedite the process.
Regarding the transfer of 26 high court judges, the bench acknowledged the Centre’s report, stating that files for 14 cases have been cleared, and notifications would follow shortly. The remaining 12 cases are still under consideration.
Addressing concerns raised by Senior Advocate Arvind Datar and Advocate Prashant Bhushan, the bench highlighted the challenge arising when the government raises objections that are later overruled by the Collegium. In such cases, the government has the right to send the recommendations back. However, if the names are resubmitted and reiterated by the Collegium, then appointments should proceed. Seniority was also discussed, and Datar proposed considering reiterated names as deemed appointments.
Justice Kaul acknowledged the limitations in pushing the government on this matter and conveyed the intention to monitor the case closely for the next two months. He emphasized that deemed appointments require an official notification from the Government of India and entail practical complexities.
The bench urged the government to finalize the process by the next hearing, scheduled for October 20, underscoring the importance of preventing these appointments from being left uncertain. It reiterated that names recommended for the first time should either be appointed or sent back with comprehensive objections to avoid prolonged delays. The court was addressing two petitions, one of which concerned the delay in approving names recommended by the collegium for judgeships and transfers.
