Fri Sep 20 11:33:19 UTC 2024: ## Supreme Court Rejects Centre’s Discretion Over Collegium Recommendations
**New Delhi:** The Supreme Court on Friday asserted that the Collegium system, responsible for recommending judges to the higher judiciary, is not a mere search committee and the government cannot arbitrarily reject its reiterated recommendations.
The court, led by Chief Justice of India DY Chandrachud, emphasized that the Collegium holds a significant position within the constitutional framework and its recommendations carry considerable weight. “This is not a case of a search committee where there is absolute discretion to accept or not,” Justice Chandrachud told Attorney General R Venkataramani, the government’s top legal counsel.
The court’s statement comes amidst ongoing tension between the judiciary and the executive over the appointment and transfer of judges. The Centre has been accused of delaying the appointment process, particularly in cases where the Collegium has reiterated its recommendations.
The court ordered the Attorney General to submit a chart outlining the status of all reiterated recommendations and the reasons for their delay. Advocate Prashant Bhushan, who is representing one of the petitioners, highlighted that numerous reiterated recommendations are pending with the government.
The Supreme Court, while adjourning the hearing for next week, expressed its desire to see the appointment process move forward efficiently. “The business of governance must proceed,” Justice Chandrachud remarked.
The Centre, on Thursday, had requested a postponement of the hearing on the batch of petitions concerning judicial appointments, citing a need for more time to resolve the issue. The court, however, refused to delay the proceedings further.
The Collegium system, established through the landmark 1993 Second Judges Case, consists of the Chief Justice of India and four senior-most judges of the Supreme Court. The system, which is often described as “judges selecting judges,” has faced criticism over its lack of transparency and perceived biases.
Despite calls for reform, the Collegium system remains the primary mechanism for judicial appointments. The Supreme Court’s strong stance on the Collegium’s authority could potentially escalate the ongoing tussle between the judiciary and the executive over the appointment of judges.
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