Files of 14 advocates, including three women lawyers, which were recommended by the Supreme Court Collegium for appointment as judges to five different high courts have been sent back by the central government for reconsideration.
These recommendations were pending with the government for more than a year, in some instances for almost 24 months.
Government sources told that two of the 14 names were returned for the second time. This means that the law ministry declined to accept the two names despite the collegium reiterating them.
According to sources, five of the 14 names were for the Calcutta High Court and the proposal for their elevation was sent to the government in July 2019.
Meanwhile, four recommendations were for the Delhi HC. They were part of a list of six names sent to the Centre in August 2020 and of these, the government had notified two of the advocates.
Two names belonged to the Jammu and Kashmir High Court, which had suggested both in its proposal sent to SC in March 2019. The top court collegium had cleared one name in October 2019 while the second one was forwarded in March this year, after the appointment body received the additional inputs sought by it regarding the advocate’s legal practice.
The returned files also included two names meant for Karnataka HC, one of which has been sent back for the second time. This candidate was initially recommended in October 2019 and his name was reiterated in March this year.
Similarly, the government has once again sought reconsideration of a lawyer chosen for the Kerala HC. The top court collegium had in March 2019 suggested his elevation and in March 2021 reiterated its decision, overruling Centre’s earlier objections.
The decision to send back the recommendations a second time could also revive the row between the judiciary and executive over appointments in higher judiciary since it disregards the provisions laid down in the Memorandum of Procedure (MoP) — the rulebook followed by the collegium and Centre on judicial appointments.
According to the MoP, if the collegium reiterates a recommendation, it is binding on the government.
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