Supreme Court agrees to list plea against govt for not clearing Collegium recommendations

New Delhi, November 23

The Supreme Court (SC) on Wednesday agreed to list a petition seeking direction to the Centre to immediately notify recommendations made by the Collegium for the appointment of judges.

A three-judge Bench led by Chief Justice of India DY Chandrachud agreed to list the matter after advocate Prashant Bhushan mentioned it for urgent listing.

“We are seeking a mandamus to the government. This plea was filed in 2018 and nothing has happened…” Bhushan told the Bench.

“This will be listed. I will pass administrative orders,” the CJI told Bhushan.

Alleging the Centre had been “indefinitely sitting” on the names recommended by the Supreme Court Collegium for appointment of judges to the Supreme Court and high courts, the petitioner, Centre for Public Interest Litigation, urged the top court to direct the Centre to notify all pending appointments unanimously recommended/reiterated by the collegium.

The government must notify recommendations for the appointment of judges to various high courts made by the Collegium that had not been responded to by the Centre for more than six weeks.

Important constitutional positions can’t be left vacant merely because of the “inaction” of the government and its “politically motivated interference in the judicial appointment process”, it contended.

Taking strong exception to the Centre sitting over the names recommended and reiterated by the Collegium for appointment as judges in the higher judiciary, the Supreme Court on November 11 said it was “not acceptable” and issued notice to the Justice Secretary.

“In our order, we had clarified that once the government has expressed its reservation and that has been dealt with by the collegium, post second reiteration, only the appointment has to take place. Thus keeping the names pending is something not acceptable,” a Bench led by Justice Sanjay Kishan Kaul had said.