Supreme Court warns Centre over delay in appointment of Judges
The Supreme Court on Friday accused the center of failing to clarify the appointments of several judges despite the university repeating names, but barred it from issuing insult notices yet. Reiterating the recommendation, the court stressed that it was imperative that the government give consent under the Memorandum of Procedure (MoP) governing the appointment and transfer of higher judicial bodies.While expressing dissatisfaction with the Center’s actions, the bench, led by second-ranking judge and quorum member, Justice Sanjay Kishan Kaul, said it would for the time being “resisting the issuance of insult notices and the filing of insult requests.” We are issuing a clear notice, Ministry of Justice.
The Supreme Court bench said the method of nomination was “virtually unsatisfying.” The court asked whether the failure to review by the National Judicial Appointment Commission (NJAC) was the reason the government was unhappy and therefore did not disclose the names. “If a university repeats its name, that’s it,” he said, adding that there can be no situation where recommendations are made and the government continues to stick to them because it will frustrate the system.
“The reality on the ground is… the names have not been cleared. How does the system work? Some names have been on hold for a year and a half has just issued a notice to look into the matter,” Bench said, adding that the delay affected the seniority of the judges.
“The name was repeated once. It goes beyond the Rubicon by naming it like this. What happens is you completely screw up the seniority system, and the university takes all that into account,” the bank said. “How will the system work?” The bank added, “We have already expressed our concerns. “It seems to me that the government is unhappy with the fact that the NJAC is failing to converge,” Judge Kaul said.The Supreme Court, which opened the issue for hearing on Dec 8, said it expects both the attorney general and the attorney general to take on the role of advising the government to comply with the country’s laws. “Until the law is enacted, we have to follow it,” he said.
