Hindustan Times ST (Mumbai)

Collegium resends 9 names despite Centre’s objections

- Utkarsh Anand

NEW DELHI: The Supreme Court collegium on Friday overruled the objections of the Union government and reiterated nine names for appointmen­t as judges in different high courts, recommendi­ng 68 people in total across 12 high courts.

The reiteratio­ns include four names for the Calcutta high court; two for the Jammu & Kashmir high court; two for the Karnataka high court, and one for the Rajasthan high court.

“The Supreme Court collegium in its meeting held on 1st September, 2021 has, on reconsider­ation, resolved to reiterate its earlier recommenda­tions for elevation of the advocates as judges in the high courts,” stated the resolution published on the Supreme Court website on Friday night. Apart from the reiteratio­ns, the collegium also recommende­d 59 names for judges in 11 high courts across India. This the highest-ever number of names recommende­d for appointmen­t as HC judges.

As reported by HT on August 31, the Centre declined to accept 14 names for appointmen­t in the high courts as judges, asking the collegium to review its recommenda­tions. This included the oldest recommenda­tion made by the collegium back in July 2019 for the Calcutta high court.

Similarly, one name for the Jammu & Kashmir high court was pending for almost 21 months; another one not accepted by the government for the same court was forwarded in March this year after additional inputs sought by the government regarding the advocate’s legal practice.

The government had also demanded reconsider­ation of two names meant for the Karnataka and Kerala high courts. Of the two names returned for the Karnataka high court, one was initially recommende­d in October 2019 and reiterated in March this year.

There is, however, no resolution yet on the four names sent back by the government for the Delhi high court and one name for the Kerala high court. The memorandum of procedure (MOP), which guides the appointmen­t of judges in the higher judiciary, makes it clear that the government is bound by the decision of the collegium after the names are reiterated.

The resolution­s published on the website also stated that three names of judicial officers were sent again for appointmen­t as judges in the Allahabad high court apart from fresh recommenda­tions for 13 new names.

Three judicial officers and three lawyers have also been recommende­d for appointmen­t in the Rajasthan high court, while five judicial officers have been sought to be elevated as judges in the Jharkhand high court.

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