The Supreme Court has sought the assistance of Attorney General R Venkataramani in deliberating over a petition that calls for the establishment of a specific timeframe for the Central Government to announce the appointment of judges as recommended by the apex court collegium.
The case was mentioned before a bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra.
“The Attorney General for India shall be served a copy of the petition. We kindly request the Attorney General to provide guidance to the court,” the bench stated, scheduling the matter for a hearing on September 8, 2023.
The plea was filed by advocate Harsh Vibhore Singhal.
“The present writ petition does not challenge the Supreme Court Collegium (SCC) process for judicial appointment. Instead, it aims to enhance and reinforce the SCC to uphold greater judicial independence,” the petition asserted.
The plea seeks to address the lack of a definitive time period, often referred to as the ‘zone of twilight’, within which the recommendations of the collegium should be officially announced for appointments to the higher judiciary.
The petitioner further highlighted that without a stipulated time frame, the government can “unjustifiably delay the announcement of appointments, thus undermining judicial independence, challenging the constitutional and democratic framework, and diminishing the authority and wisdom of the court.”
The plea also emphasizes that if no objections are raised or appointments are not declared by the end of the designated time period, the appointments of those judges should be considered as officially announced.
