“Though a cliché, I may say, ‘better late than never,’ as we have many instances where reiterated recommendations by the Supreme Court Collegium for appointments to constitutional courts remain stalled at the Union Executive’s level without valid justification,” Kurup remarked.
Kerala: Kerala Advocate General (AG) Gopalakrishna Kurup criticized the Central government on Wednesday (30th Oct) for its repeated interference with the Supreme Court Collegium’s recommendations for appointing judges, particularly to the High Courts.
He expressed his concerns while speaking at the swearing-in ceremony of five additional judges at the Kerala High Court.
Kurup specifically highlighted the delayed appointment of judicial officer PP Krishna Kumar, who was sworn in as a judge of the High Court that day.
He remarked,
“Justice PP Krishna Kumar would have been sworn in a year earlier on 25.10.2023, had it not been for the much-criticized executive interference with the collegium’s decision.”
The AG also flagged several instances of delays in judicial appointments, emphasizing that such delays have become recurring issues.
“Though a cliché, I may say, ‘better late than never,’ as we have many instances where reiterated recommendations by the Supreme Court Collegium for appointments to constitutional courts remain stalled at the Union Executive’s level without valid justification,” Kurup remarked.
Kurup has previously voiced concerns about the Central government’s selective clearance of names recommended by the Collegium. In April 2024, he criticized delays in notifying appointments, even after the Collegium’s recommendations for elevation.
Yeshwanth Shenoy, President of the Kerala High Court Advocates Association, also commented on the issue.
“Nothing can be more demoralizing than waiting indefinitely for an appointment warrant after the Collegium has recommended the name. We took the matter up with the law minister, and we are glad he responded to the Bar’s concerns,” Shenoy said.
The Supreme Court Collegium had initially recommended Justice Kumar’s elevation, along with four other judicial officers, on October 10, 2023. The Collegium noted that the government had raised no objections to Kumar’s integrity or reputation.
It also acknowledged his decade of qualifying service, emphasizing his prior experience as an advocate before entering the Higher Judicial Service. However, the Centre delayed clearing Kumar’s name, despite appointing the other four judicial officers.
Frustrated with the inaction, the Collegium reiterated its recommendation, underscoring that Kumar’s inter se seniority must be maintained over the others once his appointment was finalized. The Centre has now complied with this directive.
Interestingly, during the period of delay, Kumar served as the Registrar General (RG) of the High Court. In that capacity, he was required to read out the appointment letters for other judges recommended in the same 2023 Collegium resolution that had first included his name.
