The Supreme Court has agreed to list a plea seeking a definite timeline for the Union Government to process and act upon recommendations made by the Supreme Court Collegium for the appointment and transfer of judges.
The plea raises concerns over delays in the executive processing of recommendations cleared by the Collegium and seeks a judicially enforceable schedule to prevent such recommendations from remaining pending indefinitely.
The issue assumes significance against the backdrop of the constitutional framework governing judicial appointments, under which recommendations approved by the Supreme Court Collegium are forwarded to the Union Government for further action.
The Supreme Court has, on earlier occasions, emphasised the need for expedition in processing judicial appointments. In proceedings concerning delays in implementing Collegium recommendations, the Court had prescribed timelines for various stages of the appointment process.
The petitioner is understood to have sought directions requiring the Centre to adhere to prescribed timelines once recommendations are received from the Collegium.
The plea seeks to address a recurring concern surrounding recommendations that remain pending with the executive despite their approval by the Collegium.
The question of delay has previously reached the Supreme Court in contempt proceedings, including matters concerning recommendations reiterated by the Collegium. The Court has made it clear in earlier proceedings that prolonged pendency of judicial appointments raises institutional concerns, particularly when vacancies in constitutional courts remain unfilled.
The petitioner has therefore sought a structured mechanism under which the Union Government would be required to take a decision within a specified period rather than leaving recommendations in administrative limbo.
The Supreme Court had earlier laid down a time-bound framework for judicial appointments after considering concerns over vacancies and delays at different stages of the process.
Under the framework, various authorities involved in the appointment process were expected to act within stipulated periods. The Court had also observed that once a recommendation is reiterated by the Collegium after reconsideration, the government is required to process the appointment in accordance with the prevailing legal position.
The issue has remained contentious over the years, with the Court repeatedly being called upon to address allegations that recommendations have been kept pending beyond reasonable periods.
In 2022, while dealing with delays in judicial appointments, the Supreme Court had reiterated that the government cannot indefinitely withhold recommendations after the Collegium has reconsidered and reiterated them.
Under the prevailing collegium mechanism, High Court Collegiums initiate recommendations for appointments to the High Courts, while recommendations for elevation to the Supreme Court are made by the Supreme Court Collegium.
The Union Government scrutinises the recommendations and processes them before appointments are formally notified. The existing Memorandum of Procedure and judicial precedents prescribe various stages through which a recommendation passes before an appointment is completed.
The proposed plea seeks to bring greater certainty to the executive stage of this process by requiring action within a defined period.
The issue is particularly relevant at a time when the Collegium has been actively making recommendations for filling vacancies in the High Courts and the Supreme Court. Recently, the Collegium recommended candidates for several High Court Chief Justice positions, following which the Centre notified multiple appointments.
The plea comes amid continuing judicial efforts to ensure that vacancies do not adversely affect the functioning of constitutional courts.
A delay in appointments can have a direct bearing on judicial capacity, particularly in High Courts that are already dealing with substantial caseloads.
The Supreme Court’s decision to list the plea will bring the question of timelines for executive action on Collegium recommendations back before the Court and could potentially lead to further directions on ensuring that the appointment process is completed within a reasonable and clearly defined timeframe.
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