SC Collegium expresses 'concern' over Centre withholding judge recommendations

The collegium voiced its concern in a resolution dated March 21

The Supreme Court Collegium has expressed "grave concern" over the Centre undermining seniority by withholding or overlooking the names recommended earlier for appointment as High Court judges.

"The names which have been recommended earlier in point of time including the reiterated names ought not to be withheld or overlooked as this disturbs their seniority whereas those recommended later steal march on them," the Collegium said.

In a statement published on its website, the Collegium, headed by Chief Justice of India D Y Chandrachud and comprising Justices Sanjay Kishan Kaul and K M Joseph, asked the Union government to take "necessary action for the issuance of a notification for the elevation of persons who have been recommended earlier in point of time".

"Loss of seniority of candidates recommended earlier in point of time has been noted by the Collegium and is a matter of grave concern," it added.

Also Read | SC Collegium recommends names of 4 district judges for appointment as Madras HC judges

It said such a decision should be taken "at the earliest", particularly in case of advocate R John Sathyan, whose name had been reiterated by the Collegium on January 17, 2023 for appointment as a Madras High Court judge.

The Collegium had then overruled the Central government's objection on the grounds that he had shared an article critical of the Prime Minister on social media, saying this will not impinge on the suitability, character or integrity of Sathyan.

On Wednesday, while highlighting the issue of withholding of names, the Collegium also recommended the names of four district judges for appointment as judges of the Madras High Court, namely R Sakthivel, P Dhanabal, Chinnasamy Kumarappan, and K Rajasekar.

While a number of appointments to the Madras High Court have been cleared by the Centre, it has kept the recommendation on Sathyan's name pending.