Collegium is not a search committee

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Collegium is not a search committee

New Delhi. Chief Justice of India DY Chandrachud has expressed his displeasure in very strong words over the delay in the appointment of judges despite the recommendations of the Collegium. He has said that, ‘Collegium is not a search committee whose recommendations can be stopped’. The words chosen by the Chief Justice to express his displeasure are very strong. It is worth noting that the recommendation of the Collegium is considered final in the appointment of judges in the High Courts. But for the last few days, despite the recommendations of the Collegium, the appointments are being delayed for a long time.

Hearing a petition filed regarding this, the Supreme Court on Friday sought a reply from the Central Government. The Supreme Court said- Why have the names sent again by the Collegium for the appointment of High Court judges not been approved yet? Chief Justice DY Chandrachud further said in this sequence- Collegium is not a search committee whose recommendations can be stopped. It is worth noting that recently after the recommendations of the Collegium, some ‘sensitive information’ was mentioned, after which some recommendations were changed. Now the Chief Justice has said that the names sent again are also not being approved.

In fact, the Supreme Court on Friday heard two separate petitions filed by the Jharkhand government and lawyer Harsh Vibhor Singhal. The Jharkhand government has filed a petition saying that there is a delay in approving the collegium’s recommendation to appoint Justice MS Ramachandra Rao as the Chief Justice of the state’s High Court. The second petition is by lawyer Harsh Vibhor Singhal, in which a demand has been made to set a fixed time limit for the central government to accept the collegium’s recommendations.

In this case, eminent lawyer Prashant Bhushan referred to a petition filed by ‘Common Cause’ in 2018, which demanded a time limit for judicial appointments. After this, the court asked the Attorney General to make a list of the names that the Collegium has sent again and explain why these are pending? After this the case was adjourned.

The Jharkhand government said that in the case of the previous Chief Justice, there was a delay in approving the collegium’s recommendation. On December 27, 2023, the collegium recommended the name of Justice BR Sarangi of the Orissa High Court as the Chief Justice of Jharkhand. The government approved the appointment seven months later on July 3, 2024 and Sarangi retired on July 19. He could remain the Chief Justice for only 15 days. This time too, there is a delay in approving the appointment of Justice MS Ramachandra Rao.