The Indian Supreme Court has once again raised concerns over the delay in appointing and transferring judges, prompting fresh discussions on the ongoing friction between the Executive and the Judiciary regarding these crucial appointments.
In a recent hearing, a bench comprising Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia questioned the government’s delay in forwarding high court recommendations to the Collegium, the body responsible for judicial appointments. The court expressed its vigilance, remarking on the significant backlog in judicial appointments. Justice Kaul emphasized, “Eighty names from high courts have been pending for a period of 10 months. There is only a basic process that takes place. Your view has to be known so that the collegium can take a call.”
The Supreme Court further highlighted that the transfer of 26 judges and the appointment of a Chief Justice in a “sensitive high court” are among the pending matters. Justice Kaul noted, “I have the information of how many names have been pending, which have been recommended by the high court but haven’t been received by the Collegium.”
Attorney General R Venkatramani requested a week’s time to provide a response, to which the bench granted a two-week extension. The matter is scheduled to be heard again on October 9.
In a notable statement, Justice Kaul hinted at his frustration, saying, “I have a lot to say, but I am stopping myself. I am silent because the A-G has asked for a week to respond, but I won’t be quiet on the next date.”
The appointment of judges has been a long-standing source of contention between the Supreme Court and the Executive. The government has advocated for a role in the selection of judges, leading to legal battles and debates on the separation of powers.
In October 2015, the Supreme Court struck down the National Judicial Appointments Act, which aimed to increase the Executive’s influence in judicial appointments. The court has consistently defended the Collegium system, where the Chief Justice of India and senior judges recommend judicial appointments to high courts and the Supreme Court. After the Centre’s clearance, the President makes the appointments.
The recent exchange of words between the Supreme Court and the government reignites the debate over the balance of power in judicial appointments, emphasizing the importance of a transparent and efficient process in upholding the country’s justice system.
Sources By Agencies
