Fri Sep 20 11:33:19 UTC 2024: ## Supreme Court Rebukes Government Over Delayed Judicial Appointments
The Supreme Court on Friday sharply criticized the government for delaying the appointment of judges to the higher judiciary, asserting that the Collegium – the body responsible for judicial appointments – is not a “search committee” and its reiterated recommendations must be accepted.
The bench, headed by Chief Justice of India D.Y. Chandrachud, emphasized that the Collegium holds a specific position within the constitutional framework and its recommendations cannot be ignored. Justice Chandrachud further stated that the government cannot exercise absolute discretion in accepting or rejecting the Collegium’s recommendations, particularly in cases where recommendations have been reiterated.
The court expressed concern over the significant number of reiterated recommendations pending with the government. Advocate Prashant Bhushan brought to the court’s attention that the government often delays in appointing judges, even after receiving initial recommendations from the Collegium.
The court ordered the Attorney General, R. Venkataramani, to provide a chart outlining the status of pending reiterated recommendations and the reasons for the delay. While acknowledging that some appointments are in the pipeline, the court stressed the urgency of filling these vacancies to ensure the smooth functioning of the judiciary.
This ruling comes in the backdrop of a batch of petitions filed before the Supreme Court challenging the delay in appointing and transferring judges in the higher judiciary. The government had requested a week’s time to respond to these petitions, which the court granted.
The Collegium system, consisting of the Chief Justice of India and four seniormost Supreme Court judges, is responsible for recommending judges for appointment to the Supreme Court and High Courts. The government is bound by convention to accept the Collegium’s recommendations, especially when they are reiterated.
The Supreme Court’s strong stance on the issue underscores the importance of an independent and efficient judiciary. The court’s directive to the government to expedite the appointment process is a significant step towards ensuring the smooth functioning of the judicial system.
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