HomeLawJudges’ appointment: Centre sends names of 70 judges to Supreme Court collegium Judges’ appointment: Centre sends names of 70 judges to Supreme Court collegium The court was hearing two petitions, including the one alleging delay by the Centre in clearing the names recommended by the collegium for appointment and transfer of judges.
[10/10, 07:20] sekarreporter1: “INDIA TODAY
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HomeLawJudges’ appointment: Centre sends names of 70 judges to Supreme Court collegium
Judges’ appointment: Centre sends names of 70 judges to Supreme Court collegium
The court was hearing two petitions, including the one alleging delay by the Centre in clearing the names recommended by the collegium for appointment and transfer of judges.
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The Supreme Court bench of Justices SK Kaul and Sudhanshu Dhulia expressed satisfaction with the clearance of names of 70 judges for appointment to High Courts.
Kanu Sarda
New Delhi,UPDATED: Oct 9, 2023 19:05 IST
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Days after the Supreme Court pulled up the Central Government for sitting on the names of candidates recommended by the High Court collegiums for appointment as judges, the Centre on Monday said that the names of 70 judges had been cleared and sent to the Supreme Court collegium.
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ON HIGH COURT JUDGES’ NAMES SENT TO COLLEGIUM
Expressing satisfaction with the steps taken by the government as far as forwarding the names of judges for appointment is concerned to the Supreme Court collegium, a bench of Justices SK Kaul and Sudhanshu Dhulia said, “Since you are always at the receiving end, today there are some compliments for you. The positive development first, the large number of recommendations of 70 names from the collegium has now been forwarded to the ministry. The collegium requires the opinion of consultee judges to be taken and to be done at the earliest.”
Justice Kaul said now the Supreme Court collegium will take the views of consultee judges on the recommendations made by the high courts, and said, “We will try to clear the names in October itself.”
ON CHIEF JUSTICE OF MANIPUR HIGH COURT
Going through the status report filed by the Centre, the bench said, “As far as the appointment of the chief justice of a high court, which has been pending for a considerable time, and that, too, for a sensitive state, it is submitted that the file has been cleared, and the notification will be issued shortly.”
The Supreme Court collegium had in July recommended the elevation of Justice Siddharth Mridul of the Delhi High Court as Chief Justice of Manipur High Court.
“By next date, I want this to be done. I am being very polite. Let me be polite,” Justice Kaul told Attorney General R Venkataramani, who was appearing for the government.
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On the issue of the transfer of 26 high court judges, the bench took note of the report by the Centre which stated that the files in 14 cases have been cleared and notifications will be issued shortly. As for the remaining 12, they are being processed.
ON THE ISSUE OF REITERATED NAMES
Addressing the concerns raised by Senior Advocate Arvind Datar and Advocate Prashant Bhushan, the bench said, “The problem arises where the government has raised an objection, and which the Collegium overrules. There, the government has the right to send it back. Now, if the names have been sent back, and the names have been reiterated, then the appointment must take place. You are talking about seniority, Mr Datar, but in this back-and-forth all appointments may not be kept at bay.”
In response, Datar suggested considering the reiterated names to be seen as deemed appointments.
Justice Kaul responded, “There is a limit by which I can push the government. I am keeping this case for 10-12 days and will do that for the next two months. How does a deemed appointment work? There has to be a notification to be issued by the government of India. There are practical complications.”
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While posting the hearing to October 20, the bench told the Centre, “The names recommended for the first time and not appointed, su
[10/10, 07:21] sekarreporter1: “While posting the hearing to October 20, the bench told the Centre, “The names recommended for the first time and not appointed, such names should be either appointed or the note sending us back the recommendation should be complete. It cannot be in a limbo.”
The court was hearing two pleas, including the one alleging delay by the Centre in clearing the names recommended by the collegium for appointment and transfer of judges.
Edited By:
ramesh sharma”
https://www.indiatoday.in/law/story/judges-appointment-centre-sends-names-of-70-judges-to-supreme-court-collegium-2446629-2023-10-09#:~:text=While%20posting%20the,ramesh%20sharm
