Withholding names for appointment in higher judiciary not acceptable: SC

Issues notice to Union Law Secy (Justice) and Additional Secy (Admin & Appointment)

POSTS MATTER FOR HEARING ON NOVEMBER 28

Highlights

• “If we look at the position of pending cases for consideration, there are 11 cases pending with the government which were cleared by the Collegium and yet are awaiting appointments,” noted SC
• The bench said the oldest of them is of “vintage” September 4, 2021 as the date of dispatch and the last two on September 13, 2022 
• “There are also 10 names pending with the government which have been reiterated by the Supreme Court Collegium starting from September 4, 2021 to July 18, 2022,” the bench said

NEW DELHI: The Supreme Court on Friday expressed displeasure over the delay by the Centre in clearing the names recommended for appointment as judges in the higher judiciary, including those reiterated by the apex court Collegium, and said keeping them pending is “something not acceptable”.

The top court said it had earlier clarified that once the government has expressed its reservation and that has been dealt with by the Collegium, post second reiteration, only the appointment has to take place.

“Thus, keeping the names pending is something not acceptable,” a bench of justices S K Kaul and A S Oka said.

“We find the method of keeping the names on hold whether duly recommended or reiterated is becoming some sort of a device to compel these persons to withdraw their names as has happened,” it said.

The top court said unless the Bench is adorned by competent lawyers, very concept of “Rule of Law and Justice suffers”.