Appoint judges forthwith

Collegium system is currently the law, and govt must abide by it

The Supreme Court has rightly used harsh words about the government holding up appointments of judges for higher courts which should be made on the basis of recommendations made by the collegium.

A bench of Justices Sanjay Kaul and Abhay Oka has sought a response from the government on the reasons for the delay in processing appointments even when the collegium reiterated its recommendations.

The court noted that the method of keeping the names on hold is “becoming some sort of a device to compel these persons to withdraw their names, as has happened.” The court has made it clear that it took the matter seriously, though it said that it would not initiate contempt proceedings against the Centre “just yet” as sought by the Supreme Court Bar Association. The court’s order and observations were based on a petition filed by the Advocates Association, Bengaluru, which said that the government’s failure was in direct contravention of its ruling in the Second Judges case.

There are 21 recommendations from the collegium that are pending with the government. In the case of 10 names, the collegium reiterated its recommendations after the government had conveyed its objections.

Read | Collegium system indispensable for independence of judiciary: Ex CJI Lalit

The government has no choice but to make the appointments within three-four weeks of such reiteration, but it has failed to do so. There are 11 other cases where the recommendations are yet to be acted on. One person whose name the government has held up withdrew his consent for appointment. The court said that keeping the names pending, even after reiteration by the collegium, is “not acceptable.”

There have also been instances in the past of the government holding up appointments or making them in such a way that the seniority of the appointed judges is affected.

The government may be adopting such tactics because it does not want to appoint some persons recommended by the collegium. But that is wrong and amounts to flouting the orders of the court and the procedure laid down by it. If the government violates the orders of the highest court, as the court itself seems to think, it has serious implications for the constitutional order. The collegium system is not the best system for appointment of judges as it has several drawbacks, including lack of transparency. But the law as it stands now envisages judicial appointments to be made by the collegium and the government has to abide by it. Parliament can enact a new system of judicial appointments but till then, the present system will prevail. There is a severe shortage of judges, and the government is aggravating the crisis with its wrong policy.