The Supreme Court on Tuesday, November 7, raised questions on the Centre’s approach on the recommendations of the collegium in judicial appointments.
The top court said that the recent appointments have been made in a selective manner.
The bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulia said that first selecting for appointment and then choosing from among them creates problems.
The court said- It is hoped that such a situation will not arise for the collegium and the court that they will take any decision which is not acceptable. If appointment is made in a ‘selective’ manner then it affects seniority.
In the hearing held on Tuesday, November 7, the bench verbally condemned the Centre’s practice of ‘separating’ the recommendations of the collegium.
The court said that due to this there was a disturbance in the mutual seniority of the nominated persons.
The court said that there are five names which, despite being repeated repeatedly, are pending and need attention.
On this, Attorney General R Venkataramani said that this will be discussed with the government. The matter should be listed for hearing on November 20. The court also expressed concern over the issue of transfer. Senior lawyer Arvind Datar urged the court to set guidelines.
At the same time, senior lawyer Prashant Bhushan said that the time has come that the Supreme Court should be strict, otherwise the government is feeling that it can get away with it. Bhushan also urged the top court to summon the Law Minister for contempt.
The Supreme Court was hearing petitions against the Center for keeping the collegium-recommended names pending for appointment of judges in the High Court and the apex court.
A petition has been filed by the Advocates Association of Bengaluru.
It demanded that contempt action should be taken against the Union Law Ministry for not adhering to the deadline for approving judicial appointments recommended by the collegium