The Supreme Court of India, in a recent hearing, raised serious questions about the Union government’s decision-making process in the appointment of judges, particularly focusing on the non-appointment of two Sikh lawyers as High Court judges. The bench, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, expressed concerns over the government’s “pick and choose” approach, which they warned could lead to “embarrassing outcomes.”
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The case in question involves Advocates Harmeet Singh Grewal and Deepinder Singh Nalwa, who were among five lawyers recommended for appointment by the Supreme Court Collegium on October 17. While the Union government notified the appointment of the other three candidates on November 2, it did not clear Grewal and Nalwa for appointment. Justice Kaul pointedly asked,
“Two of the candidates not cleared are both Sikhs. Why should this arise? Don’t let past issues link up with present pending ones.”
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The court’s remarks came during a hearing of a plea filed by the Advocates Association Bengaluru over delays in the appointment of judges. The bench also warned that the government’s policy could lead to situations where the swearing-in of new judges is deferred or judges are withdrawn from judicial work.
“What will happen at some stage is we cannot let judges whom we do not want to work in a court to continue to work in that court… Please do not let that happen. It will dilute the authority of judges. It will embarrass these judges,”
Justice Kaul stated.
Attorney General R. Venkataramani, representing the Union government, explained that the delay was due to elections and that progress has been made regarding the reiterated candidates. However, the court observed that not even 50% of the names were cleared.
Senior Advocate Dushyant Dave, representing the petitioners, urged the Supreme Court to issue a mandamus to the government to clear all the pending names within the next 24 hours. After the AG assured the court of action, the matter was listed for hearing on December 5.
This case highlights the ongoing tussle between the collegium and the Narendra Modi government over the appointment and transfers of judges, with experts suggesting that the government’s refusal to clear names recommended by the collegium has undermined the collegium’s power and allowed the government to indirectly influence judicial appointments.
