6 Sep 2023 5:55 AM GMT
The Supreme Court has directed to list a plea against the central government sitting over names reiterated by the court's collegium for appointment to constitutional courts on September 26. This was orally mentioned for an early hearing before a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia today by Advocate Amit Pai.
The plea has been filed by Advocates Association Bengaluru, which has accused the Centre of violating the court's directions in a 2021 judgment, which had laid down a timeline for judicial appointments.
The Centre, however, has failed to adhere to the timeline prescribed by the top court, the lawyers' association has alleged in its contempt petition. This conduct, the petitioner-association has argued, is in gross violation of the directions in PLR Projects v. Mahanadi Coalfields. Last November, the court had issued notice and sought the responses of the justice secretary and the additional secretary to the government dealing with administration and appointments, criticising the Centre for delaying the appointment of names recommended by the Supreme Court collegium.
On a previous occasion, the Attorney-General for India R Venkataramani, on behalf of the government, assured the court that the timeline for judicial appointments would be followed and the pending collegium recommendations be cleared soon. Despite this assurance, the Centre has, for instance, not yet notified the appointment of advocates Saurabh Kirpal, Somasekhar Sundaresan, and John Satyan despite the court reiterating their names rejecting the government's objections.
Previously, the Court had expressed dismay over former law minister Kiren Rijiju's comments against the collegium system and urged the top law officers to advise the Centre to follow the law laid down by the court regarding judicial appointments. On another occasion, the court also reminded that once the aspect of a memorandum of procedure was settled by a constitution bench judgment, the Centre could not circumvent it. Any delay in appointments 'frustrated the whole system', the court has said. It also expressed grave concerns over the Centre's practice of 'splitting up collegium resolutions' disrupting the seniority of the persons nominated for judgeship.
Case Title
Advocates Association Bengaluru v. Barun Mitra And Anr. | Contempt Petition (Civil) No. 867 of 2021 in Transfer Petition (Civil) No. 2419 of 2019