The Centre has approved the Supreme Court Collegium’s recommendation to appoint five new Supreme Court judges. With the procedure of judges choosing justices attracting criticism from various sources, the Collegium system has escalated into a significant flashpoint between the Supreme Court and the Centre.
Union Law Minister Kiren Rijiju announced the elevation of the five judges via Twitter, “As per the provisions under the Constitution of India, Hon’ble President of India has appointed the following Chief Justices and Judges of the High Courts as Judges of the Supreme Court. I extend best wishes to all of them.”
The Collegium, led by Chief Justice of India D Y Chandrachud, recommended the elevation of Justice Pankaj Mithal (Chief Justice of Rajasthan High Court), Justice Sanjay Karol (Chief Justice of Patna High Court), Justice P V Sanjay Kumar (Chief Justice of Manipur High Court), Justice Ahsanuddin Amanullah (Judge, Patna High Court), and Justice Manoj Misra (Judge, Allahabad High Court) on December 13.
The Centre had on Friday given an assurance that the Collegium’s outstanding recommendations for the elevation of five high court judges to the supreme court will be cleared shortly in response to certain challenging questions from the Supreme Court.
A bench comprising Justices S. K. Kaul and A. S. Oka voiced displeasure over the delay in approving proposals for the transfer of high court judges, describing it as a “very significant issue,” and warned that any further delay could lead to unfavourable administrative and judicial proceedings.
On January 31, the Collegium recommended two additional candidates to the Centre for elevation as justices of the Supreme Court: Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Aravind Kumar.
The Collegium had stated in its recommendation for the two choices: “The names recommended earlier by the Collegium by its resolution dated December 13, 2022, shall have precedence over the two names recommended presently for appointment to the Supreme Court.”
The supreme court, which is authorised to have 34 justices, including the CJI, is now operating with 27 judges.
Kiren Rijiju, the law minister, has frequently criticised the selection process for judges and most recently referred to the Collegium system as “foreign” to the Constitution.
Rijiju stated that the collegium was founded by the Supreme Court in its wisdom through a court decision, stressing that before 1991 all judges were chosen by the government. He clarified that the administration must do due diligence after receiving a recommendation from the Supreme Court or a high court collegium. When asked about the government “waiting” on several Supreme Court collegium recommendations at a time when cases are backlogged in the courts, Rijiju gave his response.
Also Read: ‘For me it’s dharma’: Rishi Sunak on becoming UK Prime Minister
