NEW DELHI: Expressing deep anguish over the Centre's failure to abide by the timelines laid down last year on appointments to the higher judiciary, the Supreme Court on Monday urged the Attorney General and Solicitor General of India to advise the government and ensure the law of the land is followed.
A bench of justices S K Kaul and A S Oka said, “Once the name is reiterated, that’s the end of the matter of the law as it stands. When recommendation is made, you cannot hold back the name without stating the reason. It is frustrating the whole system. No court can see violation of its order.”
Noting that out of 68 pending collegium recommendations, 21 were on hold for over one-and-a-half years, the bench said the delay may be linked to the Centre’s unhappiness over the National Judicial Appointments Commission (NJAC) failing to pass muster in the SC.
“It appears to be an unhappiness of the government on the fact that NJAC didn’t muster constitutional mandate. Sometimes they muster mandate and sometimes they don’t. That cannot be a reason not to comply with law of the land. See the consequences, some law of yours may be upheld by the SC, there may be society that’s unhappy by it, can that section of society say that they will not follow the law of the land,” Justice Kaul said.
He added that the timelines had gone completely haywire. The court took umbrage to Union law minister Kiren Rijiju’s recent statement, “never say that the government is sitting on the files, then don’t send the files to the government, you appoint yourself, you run the show then.” Justice Kaul said, “Let us give them the power, we’ve no difficulty. I ignore all press reports, when someone high enough says let them do it themselves, then we’ll do it ourselves. All I’m saying is it should not have come. It’s an interview and it’s difficult to deny what you say.”
The bench said the Centre was crossing some rubicons by keeping names pending. It also criticised the cherry-picking of names from different lists, which affects seniority and hampers the quality of judicial appointment, which is in nobody’s interest.
On April 20, 2021, a three-judge SC bench had laid down a broad timeline for appointments. It included IB submitting its report within 4-6 weeks from the date of recommendation of the HC collegium to the Centre; govt to forward file(s) to the SC within 8-12 weeks; and making appointment on SC collegium’s recommendation immediately.
Don’t make us take a decision, says bench
“For the last two months, the whole thing has come to a standstill... Please resolve it....Don’t make us take a decision on this in the judicial side,” the bench told the Attorney General and Solicitor General and posted the matter for further hearing on December 8