Selective appointments of judges troublesome, apex court tells govt

This selective business must stop.Where a judge should work must be left to the judiciary. The issue of transfer is greatly troubling us. It must happen quickly SUPREME COURT

- Utkarsh Anand

The Centre must stop picking and choosing from a set of recommendations made by the collegium while appointing judges, the Supreme Court said on Tuesday, adding that the "business of selective appointments has become troublesome" when an "element of workable trust" was required between the executive and judiciary.

A bench, headed by justice Sanjay Kishan Kaul, also urged the Centre not to withhold a name just because the candidate happens to be appearing for an Opposition party ruling in a state or argues as a defence lawyer against the Centre or its agencies in criminal cases. It pointed out that 19 appointments to the high court, and 11 transfers, were pending.

"Some lawyers may have some connection to a different political party. How else can you become a standing counsel or a law officer for a government? If there is not a deep-rooted political connection which can influence their decisions, there should not be any objection. You have to balance this aspect. 40% of states may be ruled by you but there are other states also that have their own lawyers. Your dispensation will also have some connection with some of the lawyers being recommended. Unless there is some strong political connection, there is no reason not to process their recommendations," the bench, also comprising justice Sudhanshu Dhulia, told attorney general R Venkataramani.