Fill posts of judge

The Supreme Court on Friday expressed its displeasure over the Centre withholding the names recommended by the apex court Collegium for appointment as judges in the higher judiciary. Calling this practice of delays in green-lighting the names suggested as ‘not acceptable’, the SC observed that it had become ‘some sort of a device’ to force the persons whose names had been recommended to withdraw their consent for judgeship. Notably, 11 cases cleared and reiterated by the Collegium, some more than a year ago, are awaiting appointment. One of them has taken back his assent for the post. The SC rues that as a result, the system has lost the opportunity of having eminent persons on the Bench. That not many senior and distinguished members of the Bar are ready to swap their flourishing legal practice for judgeship further complicates the matter.

The SC was hearing a petition filed by the Advocates’ Association Bengaluru that has alleged ‘extraordinary delays’ and ‘wilful disobedience’ of the SC’s April 20, 2021, order asking the Centre to appoint judges within three to four weeks if the Collegium reiterates its recommendations. Significantly, the SC had made this directive as the government had been keeping the names recommended pending for quite some time even though then, of 1,080 posts of judge of various high courts, 416 were lying vacant.

These observations by the SC once again underscore the simmering conflict between the judiciary and the executive over the method of appointment, transfer and elevation of HC and SC judges. Upholding the Collegium system, the SC had, in 2015, struck down the one envisaged under the National Judicial Appointment Commission (NJAC) Act. On the other hand, Union Law Minister Kiren Rijiju has in the past two months been vocal about the NJAC as he found the Collegium functioning ‘opaque’. However, resorting to delaying tactics is not the way out. The government should deliberate on the issue properly and till a resolution acceptable to both parties is reached, it should honour the current system in place. For, at stake is the fate of lakhs of litigants who are, in this impasse, denied quick delivery of justice.