Hindustan Times (Amritsar)

RUNINS OVER APPOINTMEN­TS

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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.

 ??  ?? In April 2016, the then Chief Justice of India TS Thakur broke down while delivering a speech in front of PM Narendra Modi, lamenting inaction by the executive in appointing judges.
In April 2016, the then Chief Justice of India TS Thakur broke down while delivering a speech in front of PM Narendra Modi, lamenting inaction by the executive in appointing judges.

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