SUPREME COURT HITS OUT AT GOVT OVER DELAYS IN APPOINTMENTS

NEW DELHI: Delays by the Union government in acting on recommendations of the collegium on judicial appointments may well be a mechanism to compel competent lawyers, unwilling to wait indefinitely, to withdraw their names from judgeship, the Supreme Court said on Friday, adding that the endless hold-up by the Centre in clearing names is “not acceptable”.

“We find that the method of keeping names on hold whether originally recommended or reiterated is becoming some sort of a device to compel these persons (lawyers) to withdraw their names, as has happened... Just keeping the name pending is something not acceptable to us,” said a bench led by justice Sanjay Kishan Kaul in its order.

By a 2021 order, the top court laid down an outer limit of 18 weeks for the Centre to process the names for appointments of the high court judges after the names are forwarded from the HC. “It does appear that directions in terms of the 2021 judgment have been observed in breach on many occasions,” rued the bench.

“This implies that the government does not either appoint the person nor does it communicate its objections...,” recorded the bench in its order, seeking explanations from the government by November 28.