Delay as tactic – The Centre should stick to timelines to avoid friction with the Collegium

Source: The post is based on the article “Delay as tactic – The Centre should stick to timelines to avoid friction with the Collegium” published in The Hindu on 17^th October 2023.

Syllabus: GS 2 – Indian Polity – Structure, Organization and Functioning of the Executive and the Judiciary

Relevance: concerns associated with the collegium system

News: The Indian government’s appointment of Justice Siddharth Mridul as Chief Justice of the Manipur High Court is a positive development, showing greater willingness by the government to respect the Supreme Court Collegium’s recommendations.

What are the issues between the Center and the Supreme Court regarding collegium?

The Supreme Court has expressed concerns that the Indian government has been selectively approving the recommendations of the Collegium.

The government has sometimes delayed or ignored the Collegium’s decisions, creating conflicts between the two.

For example, the government ignored the Collegium’s recommendation to appoint Justice S. Muralidhar as Chief Justice of the Madras High Court for so long that the Collegium eventually canceled its recommendation.

Must Read: Collegium System and the NJAC: The Issue of Judicial Appointments – Explained

What can be done to address the issues?

First, it is crucial to streamline the appointment process in line with the Supreme Court’s April 2021 order, which established timelines for the government to process Collegium recommendations and express any reservations.

Second, once a recommendation is reiterated by the Collegium, it should be implemented within three to four weeks.

Moreover, it is important to respect the legal principle that a reiterated decision by the Collegium is binding on the government. If this principle is undermined, it will weaken the judiciary as an institution.