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SC slams Centre for withholding Collegium recommendations, warns of judicial action

"You cannot hold the names (of the judges) back without stating your reservations. I did not comment on the HC names until 4 months limit was crossed, but these names are pending for 1.5 years now. The timelines have gone completely haywire," the SC bench said.

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Published : Nov 28, 2022, 3:00 PM IST

Updated : Nov 28, 2022, 3:38 PM IST

New Delhi: Expressing disappointment over the government not clearing Collegium recommendations, the Supreme Court on Monday asked the Central government to resolve the matter as soon as possible. "Please resolve this and don't make us take a judicial decision in this regard," the bench comprising Justices Sanjay Kishan Kaul and AS Oka said.

The Supreme Court was hearing the plea filed by the Advocates Association of Bengaluru objecting that the Centre's delay in processing the names for Collegium recommendations is against the Second Judges case, and has to be addressed.

During the hearing, the bench made a subtle reference to Law Law Minister Rijiju's comments wherein he had said that the Central government cannot be blamed for the delay or 'sitting over recommendations' made by the Collegium as it cannot just comply with all the recommendations made by the judges' body. The minister had made the remarks during a recent interview with a TV channel.

Also read: Collegium system alien to Constitution: Rijiju

"We have ignored the media reports so far but someone in a high enough position has also commented on it now. Please don't make us take judicial action. I am not saying anything else. We will take action if we have to," Justice Kaul told Attorney General R Venkataramani who was representing the Central government.

"You cannot hold the names back without stating your reservations. I did not comment on the HC names until 4 months limit was crossed, but these names are pending for 1.5 years now. The timelines laid out have gone completely haywire. There should be some progress the next time you come," he added.

Further highlighting that such delays put the seniority of judges in jeopardy, the bench said, "We need good people to join the bench. By holding back the recommendations, you disturb the seniority. Everything comes to a standstill," the court remarked.

The SC eventually adjourned the matter for hearing on December 8 after receiving assurance of action from the Attorney General and Solicitor General.

New Delhi: Expressing disappointment over the government not clearing Collegium recommendations, the Supreme Court on Monday asked the Central government to resolve the matter as soon as possible. "Please resolve this and don't make us take a judicial decision in this regard," the bench comprising Justices Sanjay Kishan Kaul and AS Oka said.

The Supreme Court was hearing the plea filed by the Advocates Association of Bengaluru objecting that the Centre's delay in processing the names for Collegium recommendations is against the Second Judges case, and has to be addressed.

During the hearing, the bench made a subtle reference to Law Law Minister Rijiju's comments wherein he had said that the Central government cannot be blamed for the delay or 'sitting over recommendations' made by the Collegium as it cannot just comply with all the recommendations made by the judges' body. The minister had made the remarks during a recent interview with a TV channel.

Also read: Collegium system alien to Constitution: Rijiju

"We have ignored the media reports so far but someone in a high enough position has also commented on it now. Please don't make us take judicial action. I am not saying anything else. We will take action if we have to," Justice Kaul told Attorney General R Venkataramani who was representing the Central government.

"You cannot hold the names back without stating your reservations. I did not comment on the HC names until 4 months limit was crossed, but these names are pending for 1.5 years now. The timelines laid out have gone completely haywire. There should be some progress the next time you come," he added.

Further highlighting that such delays put the seniority of judges in jeopardy, the bench said, "We need good people to join the bench. By holding back the recommendations, you disturb the seniority. Everything comes to a standstill," the court remarked.

The SC eventually adjourned the matter for hearing on December 8 after receiving assurance of action from the Attorney General and Solicitor General.

Last Updated : Nov 28, 2022, 3:38 PM IST

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