SC Judges Appointment - Concerns

What is the issue?

• The government recently sent back the SC collegium's recommendation on judges appointment.
• It has raised concerns on the propriety of the Centre to hold back names from the collegium’s list.

What is the ongoing tussle?

• The SC collegium recommended a list of names to be elevated as Judges of SC.
• Justice K.M. Joseph and senior advocate Indu Malhotra were recommended together.
• Justice K M Joseph is currently the Chief Justice of Uttarakhand High Court.
• The government however approved only Indu Malhotra’s name.
• It however returned Justice K.M. Joseph’s name for reconsideration.
• This too was done more than 3 months after the Collegium had approved them.
• The collegium recently decided to reiterate its recommendation to elevate Justice K M Joseph as SC judge.
• When reiterated unanimously, the Centre is bound to act on the collegium resolution.
• This is as per the law laid down by the SC in the Third Judges Case of 1998.

What are the concerns?

• Power - The government’s decision to send back the collegium’s recommendation was unprecedented.
• It is suspected to have been influenced by some political considerations. Click here to know more.
• The executive power of the Centre holding back names from the collegium’s list needs a reassessment.
• Seniority - The Centre has selectively approved some names from a batch of recommendations.
• It could make a difference to the seniority of the judges concerned.
• Notably, seniority is the sole consideration for appointment of the Chief Justice as well as membership of the collegium.
• Delay - Justice K M Joseph's name would only be part of the collegium's next set of recommendations.
• This would include proposals to elevate the Chief Justices of some more high courts.
• The collegium seems to address the Centre's concern on fair representation to all high courts.
• However, it remains a concern why collegium did not send its reiteration to the Centre immediately.

What lies ahead?

• The unanimous reiteration of the collegium may end the current controversy.
• However, the larger issue of differences between the judiciary and the executive needs attention.
• In a judge-recommended system of appointments differences over particular candidates cannot be avoided.
• But it should be possible for the two sides to minimise these differences and act expeditiously.
• The onus is more on the government of the day.
• It should resist from blocking the appointment of anyone whom the judges themselves have found fit and deserving.
• The present consultative process in appointments should not be hampered by executive stubbornness.

Source: The Hindu, Indian Express