'Not acceptable': SC to Centre on delay in judges' appointment

New Delhi: The Supreme Court on Friday expressed displeasure over the Centre keeping pending the names recommended for appointment as judges in the higher judiciary, including those reiterated by the apex court Collegium, saying it was "not acceptable".

The top court observed that the method of keeping names on hold is becoming "some sort of a device" to compel the persons, whose names have been recommended for appointment as judges in the higher judiciary, to withdraw their consent. "Just keeping the names pending is something not acceptable," a bench of Justices S K Kaul and A S Oka said.

The bench issued notice to the incumbent Secretary (Justice) of the Union Law Ministry seeking response on a plea alleging "wilful disobedience" of time frame laid down to facilitate timely appointment in the apex court's April 20 last year order. The plea filed by the Advocates' Association Bengaluru, through lawyer Pai Amit, has raised the issue of "extraordinary delays" in the appointment of judges to the high courts, as well as the segregation of the names, which is "detrimental to the cherished principle of the independence of the judiciary". It has referred to 11 names which were recommended and later, reiterated also.

The top court noted that the critical position of vacancies in the high courts, and delay in appointment of judges had constrained a three-judge bench of the apex court to pass the April 20 last year order seeking to lay down broad timelines within which appointment process be completed. "If we look at the position of pending cases for consideration, there are 11 cases pending with the government which were cleared by the Collegium and yet are awaiting appointment," the bench observed.