Will stick to timelines, clear collegium recommendations: Govt tells SC

The Attorney General, R. Venkataramani, has told the Supreme Court that the Centre will adhere to the timeline and assured the bench at least 44 names shall be cleared by tomorrow itself.

“No system is a perfect system, it is ultimately run by humans. But the concern here is that you (govt) are creating an environment where meritorious people are withdrawing their consent to become judges.” Justice Sanjay Kishan Kaul, who is part of the collegium, observed.

Expressing concern over delays in appointment of judges, Supreme Court said it “cannot decide which judgment is in line with govt view or not…We stick to the law. Legislature can bring in new laws if it so wishes, but till the law holds, it must be followed.”

The AG reassured the bench and said he is personally looking into the 104 recommendations from High Court collegiums pending with the Centre. And 44 of them will be cleared soon and forwarded to the Supreme Court collegium by Saturday, December 7, Live Law reported.

The bench further enquired about the status of 10 recommendations by the Supreme Court collegium, pending with the Centre. It pointed out that two of those recommendations have been pending since October 2021.

Justice Kaul said that “When you (govt) say the collegium drops so many names, it shows consultation, scrutiny…we also look into various aspects…”

Kaul further referred to Justice Krishna Iyer and his contribution to the Indian judiciary and said, “see where he came from” (he was a state minister and a politician).

“When we become judges we do our duty irrespective of political considerations at all,” Justice Kaul asserted.

The apex court was considering a 2021 contempt petition filed by the Advocates Association Bengaluru against the Centre not approving 11 names reiterate by the SC collegium.

The petition contended that the Centre’s conduct violates SC’s directions in PLR Projects Ltd v. Mahanadi Coalfields Pvt Ltd which says that names reiterated by the Collegium must be cleared by the Centre within 3 to 4 weeks.

The Supreme Court on November 28, had expressed dismay over the comments made by the Law Minister against the collegium system. The court had expressed serious concern for the delay in appointments and said it “frustrates the whole system.”