Have asked Collegium to reconsider 18 proposals for judges’ appointment: Kiren Rijiju tells Rajya Sabha

Satya Prakash

New Delhi, February 2

Asserting that the Government can seek reconsideration on names recommended by the Supreme Court Collegium (SCC) for appointment as judges of constitutional courts, Union Law Minister Kiren Rijiju on Thursday informed Parliament that it has asked the Collegium to reconsider 18 proposals.

“Government can seek reconsideration of names recommended by the SCC, and as on 31.01.2023 there are a total 18 proposals on which reconsideration of SCC has been sought. SCC decided to reiterate 06 cases, in 07 cases SCC has desired updated inputs from the High Court Collegiums, and 05 cases have been decided to be remitted by the SCC to the High Courts,” Rijiju told the Rajya Sabha.

Responding to questions from MPs John Brittas and Raghav Chadha, he said as on January 30, 2023, against the sanctioned strength of 34 Judges, 27 Judges are working in the Supreme Court leaving seven vacancies. In response to a question from MP Ram Nath Thakur, he said the Centre had on January 6 suggested inclusion of a government nominee on a ‘Search-cum-Evaluation Committee’ which could assist the Supreme Court and High Court Collegiums in appointment of judges.

“Out of these 7 vacancies, a proposal for appointment of 5 judges in the Supreme Court is under consideration with the Government and in the meantime a proposal for remaining 02 (two) vacancies has been received on 31.01.2023 from the Supreme Court Collegium,” the Law Minister said.

Amid ongoing stand-off with the Government over judicial appointments, the Supreme Court Collegium had on Tuesday recommended elevation of Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar as judges of the top court.

However, the Government continued to sit over its December 13 recommendation for the elevation of Rajasthan High Court Chief Justice Pankaj Mithal, Patna High Court Chief Justice Sanjay Karol, Manipur High Court Chief Justice PV Sanjay Kumar, Patna High Court Judge Ahsanuddin Amanullah and Allahabad High Court Manoj Misra for appointment as judges of the Supreme Court.

Regarding high courts, he said, as on January 30 this year, against the sanctioned strength of 1108 judges in various high courts, 775 judges were working while 333 posts were vacant.

“Against these vacancies 142 proposals recommended by the High Court Collegiums (HCC) are at various stages of processing with the Government,” Rijiju said.

While 67 proposals recommended by HCC were in the process of being sent to SCC, 74 HCC recommendations sent to SCC and recommended by SCC were under various stages of processing, he said, adding 11 proposals have been deferred by SCC.

As on January 30, recommendations in respect of 236 vacancies (191 existing and 45 anticipated vacancies during the next 06 months) were yet to be received from HCCs, which were in breach of a six months advance timeline for making recommendations for anticipated vacancies, he said.

As per records, from 2019 to January, 2023, 22 judges were appointed in the Supreme Court and 446 judges were appointed in various High Courts.