In a significant development, the Supreme Court of India has raised serious concerns regarding the Centre’s approach in handling the transfers and appointments of High Court judges. This issue reflects a growing tension between the judiciary and the executive in India.
The Supreme Court bench, comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, criticized the Centre for its selective approach in accepting the Collegium’s recommendations. The bench highlighted that out of 11 judges recommended for transfer, only five have been transferred, with six transfers pending. This includes four judges from the Gujarat High Court and one each from the Allahabad and Delhi High Courts.
Justice Kaul, addressing Attorney General R Venkataramani, expressed his concerns, stating,
“As per my information, you have issued transfer orders for five judges. For six judges, you have not issued. Four of them are from Gujarat. Last time also, I had said this does not send a good signal.”
He emphasized the negative implications of selective transfers, saying,
“Last time also, I did emphasize that don’t do selective transfers. It creates its own dynamics.”
The bench also pointed out that eight names recommended for judgeship in high courts have not been cleared, some of whom are senior to those who have been appointed.
“Problem arises when selective appointment takes place as people lose their seniority,”
the bench noted, questioning the rationale behind such decisions.
A particular point of contention was the delay in the swearing-in of a judge in the Gauhati High Court, which was attributed to the Centre’s reluctance to clear the name of another senior candidate. The bench remarked,
“In Gauhati, one of the senior candidates’ names was not cleared in the first instance. This was taken up on a serious note and the oath to the other was delayed to facilitate the government to issue a warrant of appointment of the said person.”
Furthermore, the Supreme Court took serious note of the delay in clearing the names of two Sikh lawyers for appointment as judges of the Punjab and Haryana High Court. The bench questioned,
“Two of the candidates not cleared are both Sikhs. Why should this arise? Don’t let past issues link up with present pending ones.”
The court has scheduled the next hearing on this matter for December 5. This ongoing issue underscores the complexities and challenges in the judicial appointment process in India, highlighting the need for a more transparent and efficient system that respects the recommendations of the judiciary while maintaining the balance of power between different branches of the government.
