Stalemate over judges appointments continues as Supreme Court deplores Executive’s intransigence
Prameela K
Published on: 8 December 2022, 11:34 am
Facts show Supreme Court Collegium itself accepted the rejection of the reiterated names on two occasions at the behest of the Executive.
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WHILE the Supreme Court bench led by Justice Sanjay Kishan Kaul has been repeatedly telling the Union Government that once the Collegium reiterates the name of a candidate for elevation, the government has to invariably notify the appointment, it has come to the light that the Supreme Court Collegium on two occasions accepted the rejection of the reiterated names.
The Attorney General for India R. Venkataramani before a bench comprising Justices Kaul, Abhay S Oka, and Vikram Nath made the disclosure.
As per the note submitted by the Attorney General, which is in possession of The Leaflet, the Collegium on January 16, 2019, recalled its recommendation despite reiteration with regard to advocate Amit Negi for his elevation to the Allahabad High Court.
The Collegium had recommended his name on August 30, 2016, and reiterated it on November 15, 2016. In view of some adverse input against him, the Collegium withheld his name in June 2017. However, on August 1, 2018, the Collegium revived its earlier reiterated recommendation. The government referred back his name to Collegium for reconsideration on November 16, 2018. The Collegium reiterated it on December 4, 2018. Yet, the government chose to disagree with the recommendation and sent back the name to the Collegium on January 5, 2021. Eventually, the Collegium decided to recall its recommendation on January 16, 2019. Former CJI Ranjan Gogoi then headed the Collegium.
Another instance is of advocate K.K. Paul whose name was recommended for elevation to the Kerala High Court. The Supreme Court Collegium initially recommended his name on March 23, 2019. The proposal was referred back to Collegium for reconsideration. However, Collegium decided to reiterate the name on March 3, 2021. The Government of India referred back the reiterated proposal to the Collegium for reconsideration. Eventually, Collegium recalled its recommendation on August 12, 2021. Former CJI N.V. Ramana then headed the Collegium.
