The Supreme Court on Thursday acknowledged the prolonged delays by the Central government in acting on Collegium recommendations for appointment of judges to High Courts, and said the issue is being actively pursued on the administrative side.
A Bench comprising Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran made these remarks while hearing a mention made by Senior Advocate Arvind Datar, who flagged the pendency of several names recommended as far back as 2019.
“This is a matter regarding appointment of judges whose names have been recommended. The matter is still pending. There are names recommended in 2019, reiterated in 2021–22, but still pending. These names are there for four years. They lose seniority,” Datar submitted.
In response, CJI Gavai said, “We are also pursuing [the issue] from the administrative side. I am aware. A lady from Delhi,” in a likely reference to Senior Advocate Shwetasree Majumdar, who had recently withdrawn her consent for elevation as judge of the Delhi High Court after the government failed to act on her name for over a year.
Advocate Prashant Bhushan, also present, noted, “Yes, she was a topper from NLS. This is happening continuously…”
Datar further emphasized that the government cannot indefinitely sit on Collegium recommendations and that timelines must be respected to ensure fairness and institutional integrity.
“The Collegium recommendations cannot be kept pending by the government for three to four years. Timelines have to be adhered to,” he urged.
Agreeing to take the matter up formally, the Chief Justice said, “Okay, we’ll hear you.”
This exchange once again brings to the fore the long-standing friction between the judiciary and the executive over the judicial appointments process, particularly the delays in the Centre’s response to Collegium recommendations, some of which have been reiterated multiple times.
