Government to Decide on Collegium Recommendations for HC judges

What is the News?

The Supreme Court Collegium recommended Judges for the appointment in the High Courts. But it is pending for more than 6 months. So, the Union government recently decided to consider the SC recommendations within three months.

What was the case?
  • The Supreme Court took suo motu cognizance on the matter relating to numerous vacancies in 25 high courts across India.
  • According to the Ministry of Law, over 38%(more than 400) of sanctioned posts of judges are lying vacant across all the high courts in the country.
  • Furthermore, the SC collegium cleared several names for the appointment to various high courts. But the law ministry is yet to announce the names.
What has the Supreme Court said on this matter?
  • The Supreme Court asked the Attorney General to make a statement about the timeline within which the Centre will decide the collegium proposals.
What has the Centre replied?
  1. The Central Government blamed the High Courts for the vacancies. The government mentioned that the High Courts are expected to send the recommendations 6 months prior to the occurrence of vacancies. But, that is not happening.
  2. On this, the Supreme Court held that there are two timelines.
    • One for the government and another for the HCs. The Chief Justice will deal with the High Court timelines.
    • But the government also has to provide its own timeline.
  3. Then the Attorney General said that the Central Government will follow the timelines prescribed in the Memorandum of Procedure(MoP) to appoint judges to high courts.
    • The memorandum of Procedure(MoP) does not insist on a deadline, but it only mentions that the process should be completed within a reasonable time.

Source: The Hindu

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