Excelsior Correspondent
NEW DELHI, Apr 20: In a bid to deal with the delay by the Central Government in clearing the recommendations made by Supreme Court Collegium for appointment of judges to higher judiciary, the Supreme Court on Tuesday laid down timelines to be complied with by the Government and the Intelligence Bureau.
A Bench of Chief Justice of India SA Bobde and Justices Sanjay Kishan Kaul and Surya Kant said that once the Central Government receives inputs/ views of State Government and Intelligence Bureau (IB), it would be desirable that the file be forwarded to the Supreme Court Collegium within 8 to 12 weeks.
Importantly, once the Collegium reiterates a proposal, the Central Government should notify the appointment within 3 to 4 weeks of such reiteration, the Court held.
Laying down timelines, SC said that IB should submit its report/inputs within 4 to 6 weeks from the date of recommendation of the High Court Collegium, to the Central Government. It would be desirable that the Central Government forward the file(s)/recommendations to the Supreme Court within 8 to 12 weeks from the date of receipt of views from the State Government and the report/input from the IB.
“It would be for the Government to thereafter proceed to make the appointment immediately on the aforesaid consideration and undoubtedly if Government has any reservations on suitability or in public interest, within the same period of time it may be sent back to the Supreme Court Collegium with the specific reasons for reservation recorded,” SC said.
If the Supreme Court Collegium after consideration of the inputs still reiterates the recommendation(s) unanimously, such appointment should be processed and appointment should be made within 3 to 4 weeks.
The Court in its order also noted the high vacancy position in High Courts.
“Against the sanctioned strength of 1080 Judges, 664 Judges have been appointed with vacancies of 416 [1] Judges,” the order said.
Out of that, 196 proposals to fill up those vacancies are pending with the Government while in case of 220 vacancies, High Court collegiums are yet to make recommendations, the Supreme Court observed.
“We cannot but note the importance of the Chief Justices of the High Courts making recommendations in time. The vacancies are known and the norms permit making recommendations up to six months in advance. However, even recommendations for 220 existing vacancies appear not to have been made much less for vacancies, which are going to arise in the next six months,” the Supreme Court said.
Chief Justices of the High Courts should, therefore, make endeavour to recommend vacancies as early as possible even if they are not made at one go, the Supreme Court underscored.
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