"Keeping Collegium recommendations on hold not acceptable": Supreme Court issues notice to Union Law Secretary

The Supreme Court on Friday issued notice to the Union Law Secretary in a plea calling into question the Central government's delay in processing names recommended by the Collegium for appointment as judges. (The Advocates Association Bengaluru vs Barun Mitra & anr).A Bench of Justices Sanjay Kishan Kaul and AS Oka noted in its order that keep names on hold was not acceptable, and it was not able to understand the governments reasons behind doing so. " ... we had 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. 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.".The Court was hearing a plea filed by the Advocates Association Bengaluru stating that the Centre's failure to process the names recommended for appointment was in direct contravention of the Second Judges case..On Friday, Senior Advocate Vikas Singh, appearing for the Supreme Court Bar Association (SCBA), asked the Bench to initiate contempt proceedings against the Centre for stalling appointments to the top court. He said,"It has been five weeks since Justice Dipankar Dutta's name was proposed. It should have been approved in days."Justice Kaul responded that the Bench was not going to issue a contempt notice just yet..Highlighting the issue of delay in appointments, and how the Centre has time and again been hauled up for the same, the Bench said,"The critical position of vacancies in the High Courts and the delay in appointment of Judges constrained three Judges Bench of this Court to pass orders on 20.04.2021 seeking to lay down broad timeline within which the appointment process should be completed. With the expanding opportunities to prominent lawyers, it is as it is a challenge to persuade persons of eminence to be invited to the Bench." This bench says such delays mean further discourage to members of the bar joining the bench, as it weighs on the former's minds. The top court went on to point out that there are 11 names pending Central government approval, the oldest of which dates back to September 2021, in breach of the top court's earlier orders. "This implies that the Government neither appoints the persons and nor communicates its reservation, if any, on the names," the order notes..The Court added that the delay in approving names prompts lawyers who have been recommended for elevation to withdraw their names, thus denying the judiciary of their expertise."We may notice that among the names, the reconsideration has been sought by the Government on cases where despite second reiteration the person was not appointed and consequently the person concerned withdrew the consent and the system lost the opportunity of having an eminent designated senior Advocate on the Bench. Similarly, in another case where the Government has sought reconsideration, reiteration has occurred three times."The judges emphasised that a bench without competent lawyer-appointees means rule of law as a concept suffers.Further, on the nature of the Collegium's reccondations, the order notes,"In the elaborate procedure from taking inputs from the Government post recommendation from the collegium of the High Court, the Supreme Court Collegium bestowing consideration on the names, there are enough cheques and balances.".The Court thus sought a response from the Union Secretary of the Justice Department, and the Additional Secretary of the Administration and Appointment Department, on the reasons for the delay in processing appointments. Advocate Pai Amit appeared for the petitioner. Senior Advocate Arvind Datar with advocates Sibo Sankar Mishra, Umakant Misra, Niranjan Sahu, and Rajesh Kumar Nayak appeared for the Orissa High Court. Senior Advocate and Supreme Court Bar Association president Vikas Singh appeared for the SCBA. [Read order]