We expect Attorney General, Solicitor General to ensure that law laid down is followed: Supreme Court on Collegium

The Supreme Court on Monday urged the Central government's top law officers, Attorney General (AG) and Solicitor General (SG) to ensure that the law laid down by the apex court as regards appointment of judges to the Supreme Court and High Courts is followed. .A Bench of Justices Sanjay Kishan Kaul and AS Oka noted the delay by the Central government in clearing the names recommended by the Supreme Court Collegium and asked the government to adhere to the timelines laid down by the Court."We expect the SG and the AG to ensure that law of the land laid down by this Court is followed...You think I am not bothered, I am, deeply. I expect the government to listen to the AG and SG...If today government says it will not adhere to the law of the land, then tomorrow someone will not adhere to another part. You must think of the larger picture Mr Attorney (General)," Justice Kaul remarked. The Bench was hearing a petition related to the delay in approving names for elevation proposed by the Collegium.The Court urged the Central government to process recommendations of the Collegium that have been pending for the last one-and-a-half years."One of the reasons getting successful lawyers to join the profession is difficult is a monetary aspect. But another reason is the tortuous process of appointment and the best of first generation lawyers have declined to be part of the system citing this. This is the grim reality.".Perhaps referring to the case of Senior Aditya Sondhi, who withdrew his consent for elevation as a Karnataka High Court judge after he was left in the dark over his appointment for more than a year since he was recommended, Justice Kaul said,"Once the names have been reiterated, it is crossing rubicons by keeping names like this. What happens is you completely disturb the seniority, Collegium considers all this. It is a very difficult situation, getting first generation lawyers from NLS..."He went on to say,"Good people must join the Bench and timeline has to be adhered to unless there is an exception. Most of the names recommended have crossed the four-month limit. No information to us.".Too many things up in the air, first generation counsel are the collateral: Aditya Sondhi on judicial appointments [Part I].Senior Advocate Vikas Singh, appearing for the Supreme Court Bar Association, suggested at this point that the Court issue contempt proceedings against the Central government.The Court instead took solace in the fact that both Attorney General R Venkataramani and Solicitor General Tushar Mehta were present for the hearing."Fair enough if the AG is saying he is looking into it. SG and AG both here and thus double-barrel should work. You must understand the anxiety. Once timelines are laid down it must be followed... Please resolve this and don't make us take a judicial decision in this regard.Mr AG. I have ignored all press reports, but this has come from somebody high enough also. With an interview... I am not saying anything else. If we have to, we will take a decision," Justice Kaul said. .During a previous hearing, the Court had said that Central government is holding up judicial appointments by not acting on Collegium recommendations."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 had said.It was also revealed that least names that the Collegium had reiterated for elevation are still pending, after the Central government had conveyed its objections.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..Central government not appointing judges despite reiteration by Collegium; 10 such names pending: Supreme Court.Read about Court's objections to Law Minister's remarks here.Read what Court said about Judges' seniority getting affected here. .[Read live coverage of hearing below].[Read order]

We expect Attorney General, Solicitor General to ensure that law laid down is followed: Supreme Court on Collegium

Related Stories