SC seeks info from Centre on non-appointment of judges despite Collegium's reiteration

NEW DELHI: The Supreme Court on Friday asked the Centre to provide information about the numbers and names reiterated by the apex court Collegium for appointment as judges in higher judiciary with reasons why they were not considered so far and at what level they were pending.

The direction was passed by a bench headed by Chief Justice D Y Chandrachud while hearing a PIL seeking a direction that a time limit be fixed for the Centre to notify the appointment of judges recommended by the Supreme Court Collegium.

"The Supreme Court Collegium is not a search committee (for judges) whose recommendations can be stalled," said the bench which also comprised Justices J B Pardiwala and Manoj Misra.

The bench asked Attorney General (AG) R Venkataramani, appearing for the Centre, to provide it with a list of names reiterated by the Collegium and say "why they are pending and at what level".

"If you can please make a list of the names reiterated and why it is pending and at what level it is pending... Show us why it is pending," the CJI said.

The bench said some appointments are now in the pipeline and "we expect it to come very early".

At the outset, senior advocate Kapil Sibal objected to the submissions of the attorney general seeking postponement of the hearing saying that the appointments of judges are pending since years.

"I do not know what the Centre gets by seeking adjournments in such a case. Problem is not with the process of judges appointment...," Sibal said.

The attorney general strongly objected to the submissions of Sibal and said it was quite easy to come and say that the appointments have not been made.

"Justice Sarangi could not join for six months," Sibal said.

Lawyer Prashant Bhushan, who had filed a separate petition on the issue, said that it was prayed that if the Centre does not respond to the recommendations of the collegium within six months then it will be deemed to be appointed.

Bhushan referred to the name of senior advocate Saurabh Kirpal, who has not been appointed as a high court judge despite reiteration by the apex court Collegium. He also sought listing of his petition with the present plea.

"There are several reasons why such names are pending and we have no hesitation in disclosing the facts to the bench," the top law officer said.

"Please do not take it so personally. We are talking of the institution," Sibal told AG.

"I am also on the institution," the top law officer replied, adding that the public causes do not fall under the private domain of some individuals.

The bench said the recommendations of the collegium has constitutional sanctity and they are not akin to findings of the search committees on appointments on which the government can sit.

The bench then adjourned the hearing on the PIL, taking into account the request for postponement by the attorney general that he was unwell.

Besides, the Hemant Soren-led JMM government has also moved the top court against the Centre for not clearing the recommendation made by the Collegium to appoint Justice M S Ramachandra Rao as the Chief Justice of the Jharkhand High Court.

The Collegium recommended the appointment of Justice Rao on July 11.

Justice Bidyut Ranjan Sarangi, who was recommended for the post of Chief Justice of the Jharkhand High Court in December 2023, could not join for six months and the appointment was made this July, Sibal said.

On Friday, the PIL filed by advocate Harsh Vibhore Singhal was listed for the hearing.

The plea has also sought a direction to plug the 'zone of twilight' of there being no time for notifying the Collegium's recommendations for the appointment of judges to the higher judiciary.

The plea said that in the absence of a fixed period, "the government arbitrarily delays notifying appointments thereby trampling upon judicial independence, imperilling the constitutional and democratic order and disparaging the majesty and sagacity of the court".

On September 19, the Centre told the bench that it will be providing some details next week concerning the collegium's recommendations on the appointment of chief justices in several high courts in the country.

"I will be providing some details about the collegium's recommendations. Please list the plea (which is listed on Friday) after a week," the top law officer had said.

On September 13, the attorney general had said the central government received some "sensitive material" that had led to a delay in implementation of the apex court collegium’s recommendations on appointments of chief justices to high courts.

The three-member collegium headed by the CJI, on July 11, recommended to the Centre the names for the appointment of chief justices for seven high courts namely Delhi, Himachal Pradesh, Jammu and Kashmir and Ladakh, Kerala, Madhya Pradesh, Madras and Meghalaya. The recommendations are pending approval with the Centre.

The Supreme Court collegium, on July 17, tweaked its July 11 resolution relating to the appointment of the chief justices for the high courts of Madhya Pradesh, Himachal Pradesh, and Jammu and Kashmir and Ladakh.

There was speculation that tweaking of the collegium's July 11 resolution took place apparently after the Centre shared some crucial information with the collegium.