The SC will soon get five new judges, raising its working strength to 32, against its sanctioned strength of 34. It shall have the full strength of 34 as the government cleared all five names recommended on January 31.
On the Supreme Court expressing displeasure over the Centre's delay in clearing recommendations of the Collegium, Attorney General R Venkataramani told a bench of Justices SK Kaul and AS Oka that the warrants of appointments of the five names is expected soon.
The apex court, which was hearing a matter related to the Centre's alleged delay in clearing names recommended by the Collegium for appointment as judges to the Supreme Court and high courts, has posted the matter for hearing on February 13.
The court underscored that if there is further delay in processing judicial appointments recommended by the Collegium, it would take judicial and administrative action that "would not be palatable", reports Bar and Bench.
Centre vs Collegium
The Collegium on December 13 last year recommended five judges for elevation to the apex court — Rajasthan High Court Chief Justice Pankaj Mithal, Patna High Court Chief Justice Sanjay Karol, Manipur High Court Chief Justice PV Sanjay Kumar, Patna High Court judge Ahsanuddin Amanullah and Allahabad High Court judge Manoj Misra.
On January 31, the Collegium recommended two more names for elevation as top court judges — Justice Rajesh Bindal, Chief Justice, Allahabad High Court, and Justice Aravind Kumar, Chief Justice, High Court of Gujarat. While recommending their names, the Collegium had said the names recommended by it on 13 December 2022 "shall have precedence over the two names recommended presently for appointment to the Supreme Court."
It said one name was recommended by the Collegium for appointment as chief justice of a high court but the judge concerned is going to demit office in 19 days. "You want him to retire without being appointed as the chief justice?" the bench asked.
Delay in clearing recommendations
The bench also referred to the aspect of delay in clearing the recommendations for transfer of high court judges and said it is "greatly troubling us". "If transfer orders are not implemented, what do you want us to do?" the bench asked. "We withdraw judicial work from them. Is that what you want?"
Following the AG’s assurance that the appointments were happening, Justice Kaul said: ‘‘Okay, 10 days. I am taking your word for the five judges, the transfers and the High Court Chief Justice. On this, I am giving you 10 days."
