Finance
New Delhi: Scheduled for Monday, the Supreme Court is set to hear two petitions, one of which alleges a delay on the part of the Centre in clearing the names recommended by the collegium for the appointment and transfer of judges.
On Monday, a bench consisting of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia, and Sandeep Mehta is scheduled to hear the matter.
During the hearing of pleas on November 7, the top court expressed concern, stating that it found it “troublesome” that the Centre was selectively picking, choosing, and appointing judges whose names the collegium had recommended for higher judiciary positions.
It had also expressed concern over the pendency of names recommended for transfer from one high court to another.
“The bench expressed great concern over the selective handling of transfer matters, emphasizing that the pendency is an issue. The attorney general stated that he is addressing the matter with the government,” the bench had conveyed.
“It had reiterated to him that once these individuals are appointed as judges, the government should not genuinely concern itself with where they perform judicial duties.” It hoped that a situation would not come to pass where this court or the collegium has to make an unpalatable decision.”
The top court had said 14 recommendations were pending with the government to which there has been no response.
It had also pointed out that there were five names pending, either after a second-time reiteration or otherwise, for quite some time, and emphasized the need to address this issue.
“The attorney general requests for some time to have a fruitful discussion on this behalf with the government,” the bench had noted in its November 7 order.
The appointment of judges through the collegium system has often become a major flashpoint between the Supreme Court and the Centre, with the mechanism drawing criticism from different quarters.
The top court is hearing the petitions, including one filed by the Advocates’ Association, Bengaluru, seeking contempt action against the Union Ministry of Law and Justice for allegedly not adhering to the timeline set by the court in a 2021 judgment.
One of the pleas has alleged “wilful disobedience” of the time-frame laid down by the top court in its April 20, 2021 order to facilitate a timely appointment of judges.
In that order, the court had said the Centre should appoint judges within three-four weeks if the collegium reiterates its recommendations unanimously.
