Collegium Recommendations: SC Concerns But Adjourned The Petition For March

The Supreme Court on Monday expressed concerns over the manner in which the Central government responded to its collegium recommendations.

A bench of Justice Sanjay Kishan Kaul, Justice Manoj Misra, and Justice Aravind Kumar was hearing a petition filed by the Advocates Association Bengaluru (AAB) regarding the Central government’s delay in approving names proposed by the Collegium for elevation.

The bench expressed concern about certain issues concerning judge appointments.

“I am also concerned with some issues,” Justice Kaul stated.

Appearing for the petitioner, advocate Prashant Bhushan stated, “This cannot go on endlessly. Some appointments are selectively notified..same with transfer.”

“We are equally concerned, if not more so,” Justice Kaul underlined.

The Central Government’s counsel requested an adjournment citing the Attorney General’s absence.

The Centre and the Supreme Court have been at odds over the Collegium’s recommendation to clear names.

In November 2022, the Supreme Court had urged the Central Government’s top legal officers to ensure that the law governing the appointment of judges to the Supreme Court and High Courts is followed.

The Supreme Court on Monday expressed concerns over the manner in which the Central government responded to its collegium recommendations

In the earlier hearing, the Court stated that the Central Government is obstructing judicial appointments by failing to act on Collegium recommendations.

The Union Secretary of the Department of Justice and the Additional Secretary of the Administration and Appointments Department were therefore asked by the Court to provide an explanation for the delays in processing appointments.

Relevantly, the Bench had raised the issue of how this affects the seniority of judges and objected to the Union Law Minister’s remarks in a televised interview on the  matter.

The Court listed the case for further consideration in the second week of March.