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Source: The post is based on the article “Centre’s silence on judicial postings condemnable: Supreme Court” published in The Hindu on 11th November 2022.
What is the News?
The Supreme Court has sought an explanation from the Centre as to why there was a delay in processing names recommended by the apex court collegium for appointment as judges to the top court and high courts.
What was the case about?
A contempt petition was filed in the Supreme Court against the government for breach of the SC’s directives on judges appointment in April 2021.
The court had set a fixed four-month timeline for the government to act on the Collegium’s recommendations.
What are the observations made by the Supreme Court on this?
The Supreme Court noted that currently there are 10 recommendations pending with the government where the Collegium has reiterated its decision on the appointment of a candidate as a judge of the HC.
Separately, there are 11 names recommended by the Collegium that are also pending with the government without reason.
This implies that the Government neither appoints the persons and nor communicates its reservation, if any, on the names.
This 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.
What did the Supreme Court say on the Collegium system?
The Supreme Court said that there were enough “checks and balances” in the current collegium system of judicial appointments.
Note: Recently, the Union Law Minister had called the collegium system of appointing judges “opaque” and “not accountable”.
