• UGI USER
  • Dec 06, 2023
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PETITIONS ON JUDGES’ APPOINTMENTS DELAY

Why in the News?

Petition was filed seeking contempt action against the Centre for delaying judges’ appointments, despite Supreme Court collegium clearance, were not listed for hearing.

Background on Judges’ Appointment Delay:

  • Collegium members previously expressed displeasure over the government’s “pick and choose” practice in clearing Collegium recommendations.
  • Delay in appointing judges, creates  concerns about seniority and sends a “wrong signal.”
Source: Hindu Post

Government Response:

  • The Attorney General cited ongoing Assembly elections and communication issues as reasons for delays.
  • The government assured , pending matters would be resolved in a week or so.

About Appointment of Judges:

Chief Justice of India (CJI) Appointment:

  • The President of India appoints the CJI and other Supreme Court judges.
  • The outgoing CJI recommends the successor, traditionally based on seniority since the 1970s.

Supreme Court Judges’ Appointment:

  • The CJI initiates the proposal for other SC judges.
  • Collegium members, including the senior-most judge from the relevant High Court, provide written opinions.
  • The recommendation goes to the Law Minister, then to the Prime Minister for advising the President.

Chief Justice of High Courts Appointment:

  • Chief Justices of High Courts are appointed from outside the respective states.
  • The Collegium, led by the CJI and two senior judges, decides on elevations.
  • The outgoing Chief Justice, with two senior colleagues, initiates the proposal sent to the Chief Minister, who advises the Governor for Union Law Minister’s consideration.