
Supreme Court to Hear Petitions on Delayed Appointment and Transfer of Judges
Supreme Court to Hear Petitions on Delayed Appointment and Transfer of Judges
The Supreme Court is set to hear two petitions, including one alleging delays by the Centre in approving appointments and transfers recommended by the collegium for judges. The appointment of judges through the collegium system has been a contentious issue in the past, leading to tensions between the Supreme Court and the Centre. A bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia is scheduled to consider these petitions on October 9.
During a hearing on September 26, the Supreme Court expressed concern over the prolonged delay in appointing judges and urged Attorney General R Venkataramani to use his office to resolve the matter. The bench noted that there were 80 pending recommendations, with 26 for judge transfers, seven reiterations, nine pending without being returned to the collegium, and one involving the appointment of a Chief Justice to a sensitive high court. All of these recommendations have been pending since November of the previous year.
The Attorney General requested a week’s time to provide instructions on the pending appointments. Justice Kaul emphasized the need for expedited action and stated that he would not remain quiet if the issue persisted. The Supreme Court was hearing petitions, including one filed by the Advocates Association Bengaluru, seeking contempt action against the Union Ministry of Law and Justice for allegedly failing to adhere to the court’s timeline set in a 2021 judgment.
In February, the Supreme Court directed the Centre to ensure that most of the expectations regarding the appointment and transfer of judges, as recommended by the collegium, were met. One of the petitions alleges “wilful disobedience” of the timeframe outlined in the court’s April 20, 2021 order, which was intended to facilitate the timely appointment of judges. The order mandated that the Centre should appoint judges within three to four weeks if the collegium unanimously reaffirmed its recommendations.
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