Judicial appointments: 'Pick and choose' creating lots of problems, Supreme Court tells Government

Satya Prakash

New Delhi, October 20

The Supreme Court on Friday took exception to the Government’s tendency to “pick and choose” while clearing the names recommended by the Collegium for appointment as judges of high courts, saying it disturbed seniority and created lots of problems.

“In the appointment process, when you appoint some and don’t appoint others, the very premise of seniority gets disturbed,” This ‘pick and choose’ creates a lot of problems… There should not be an impression that for somebody there is a delay, while for somebody else there is no delay,” a three-judge Bench headed by Justice Sanjay Kishan Kaul said.

The top court has been hearing a petition filed by the Advocates’ Association, Bengaluru, alleging “wilful disobedience” of the time frame laid down to facilitate timely appointment of judges in its April 20, 2021, order.

The second senior-most judge after CJI DY Chandrachud and a member of the Supreme Court Collegium, Justice Kaul — who has been critical of the Centre for sitting over recommendations for judges’ appointment and transfer — termed it “troublesome”.

Noting that candidates have withdrawn their consent on account of delay in appointment, Justice Kaul said, “We have lost good people. I keep saying it is a challenge these days to make people (advocates) come to this side (Bench)…It becomes a greater challenge to make people come if this (delay) happens.”

As he highlighted the pendency of 21 names recommended by the Collegium for appointment and transfer of high court judges, including five reiterated names, the Centre sought two weeks to give an update, saying the process was under way.

Justice Kaul, however, said, “I must appreciate there have been considerable movements in the last one month, (something) that had not happened in the last five-six months”, even as he said more push was necessary.

“Let’s make some progress before Diwali. We will celebrate it better,” the Bench said, posting the matter for further hearing on November 7.

After sitting over the recommendations made by Collegiums of various high courts for appointment of judges for 11 months, the Centre had earlier this month “suddenly” forwarded all 70 pending proposals to the top court Collegium. On October 18, Law Minister Arjun Ram Meghwal had announced that the Government had notified the transfer of 16 high court judges and appointment of 17 high court judges.