New Delhi
The Supreme Court on Monday expressed disapproval of the Centre’s selective approach in the appointments and transfers of judges in the higher judiciary, stating that it doesn’t send a good signal. A bench headed by Justice S.K. Kaul, including Justice Sudhanshu Dhulia, raised concerns about the Centre’s failure to issue transfer orders for six judges recommended by the Collegium, despite issuing orders for five others. The bench refused the Attorney General (AG) R. Venkataramani’s request for a one-week deferment of the hearing, emphasizing that selective transfers create their own dynamics and are not acceptable. The Supreme Court noted that a total of 13 names are pending with the Centre, and five names are pending despite Collegium reiteration. Highlighting the lack of progress, the court mentioned that eight recently recommended candidates have not been cleared and appointed. The issue of seniority for candidates becomes challenging when there is uncertainty about their position upon becoming a judge. The court expressed concern about the difficulty in persuading other eligible and deserving candidates when the status of seniority is unclear. In response to the progress on reiterated names, AG Venkataramani reported that steps have been taken. However, senior advocate Dushyant Dave, representing the petitioners, argued for issuing a mandamus to the Centre, compelling the clearing of names reiterated by the Collegium within 24 hours. The Supreme Court had previously warned the Centre of the possibility of an unpalatable order if it continued with the selective ‘pick and choose’ approach and delays in notifying judges’ appointments or transfers as recommended by the Collegium. The matter is scheduled for the next hearing on December 5.
