RUNINS OVER APPOINTMENTS
JUDICIARYGOVT DISAGREEMENTS
APPOINTMENT Gopal Subramanium as Supreme Court judge:
Subramanium’s name was sent along with Justice R Nariman’s for appointment. Government cleared Nariman but returned the name of Gopal Subramanium
TRANSFER
Gujarat HC judge MR Shah:
Collegium recommended Shah be transferred to Madhya Pradesh in 2015. Centre sat on the recommendation. Justice Shah remains in the Gujarat high court
Justice KM Joseph: The collegium recommended justice Joseph be transferred from Uttarakhand high court to Andhra Pradesh & Telangana high court in 2016. Government has been sitting on the recommendation. Justice Joseph set aside President’s Rule in Uttarakhand in 2016
Delhi HC judge: Centre sent back a proposal to transfer justice Valmiki Mehta out of Delhi high court. Collegium gave in and transfer was cancelled.
ELEVATION
KM Joseph:
Centre returned proposal to elevate Uttarakhand chief justice to the Supreme Court, while accepting the name of another pick — Indu Malhotra
— whose appointment was cleared
PROCEDURE FOR APPOINTMENT OF JUDGE TO SUPREME COURT
■ The Chief Justice of India makes a recommendation to appoint a Judge of the Supreme Court in consultation with the four senior-most judges of the Supreme Court
After receipt of the recommendation from Chief Justice of India, the Union minister of law, justice and company affairs will put up the recommendations to the Prime Minister who will advise the President in the matter of appointment
There is no time limit in which recommendations received with respect to appointment to Supreme court are to be cleared by the government
As soon as the appointment is approved, CJI is informed and warrant of appointment is issued by the President
In case the government has reservations on any recommendation, it can send it back to SC collegium for reconsideration. There is no prescribed time limit for the government to send back the recommendation
If the Collegium reasserts its recommendation and sends it back to the government, it becomes binding on the government. But again, there is no fixed time that is set out for the government to accept the collegium’s recommendation.