oppn parties Appointment & Transfer Of Judges: Centre & Supreme Court Must Find A Lasting Solution

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  • Maratha quota bill likely to be tabled in Maharashtra assembly today
  • Arvind Kejriwal skips ED summons for the 6th time, says the case is in court and will follow court's decision
  • PM Modi says UP has gone from 'red tape' to 'red carpet' in 7 years of 'double engine' government
  • Farm unions reject government offers, to resume Delhi march from today
  • Centre says some Aadhar cards in Bengal 'deactivated' due to technical glitz, will be activated back soon
  • Supreme Court stays LS privilege panel summons to Bengal officials over BJP MP Sukanta Majumdar injury case
  • Supreme Court junks Sandeshkhali petition, says it cannot be compared to Manipur, asks petitioner to approach Calcutta HC
  • Supreme Court gets tough on Chandigarh mayoral elections, asks for ballot papers and video footage, does not order re-election
  • Government starts withdrawing old small tax demands, up to Rs 25000 per entry till FY 2009-10 and up to Rs 10000 per entry from FY 2010-11 to FY 2014-15 with an overall ceiling of Rs 1 lakh per tax payer
  • Stocks remained positive on Monday: Sensex gained 281 points to 72708 and Nifty 81 points to 22122
  • Jasprit Bumrah likely to be rested for 4th Test while K L Rahul may be back
  • FIH Pro League hockey: India beat Spain 8-7 in shootout
  • SP leader Salim Sherwani, miffed at no Muslim candidate given RS ticket, quits party
  • Army going for big (Rs 57000cr) upgrade in combat vehicles to replace T-72 tanks
  • Mamata Banerjee says the BJP is doing nothing to resolve the Sandeshkhali dispute but instead fanning the fires to escalate it
History created in Supreme Court as Chandigarh mayoral poll ballots counted in court, judges declare AAP candidate Kuldeep Kumar winner after taking into account the votes defaced by returning officer Anil Masih
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Appointment & Transfer Of Judges: Centre & Supreme Court Must Find A Lasting Solution

By Our Editorial Team
First publised on 2023-11-22 06:47:03

About the Author

Sunil Garodia The India Commentary view

The stand-off between the judiciary and the executive over judicial appointments is turning uglier by the day. The Centre has made it a practice to sit on recommendations made by the Supreme Court collegium. It has been sitting on the recommendation of appointing five lawyers to the Punjab and Haryana HC bench. While a quick and lasting solution to this issue is not on the cards, the Centre must realize that transfer of judges is a separate issue. It has been sitting on, and selectively deciding on, the transfer of 27 high court judges recommended by the collegium in August this year. It notified transfer of 16 judges in mid-October and then 5 judges in mid-November. Six transfers are still pending. The court took a dim view of this and said that such delay and selective decisions "sends a wrong signal". Apart from that, it also shows that the executive and the judiciary are not on the same page and it shows that government in poor light.

Transfer of judges is recommended by the collegium after consulting all stake holders, including the high court where the judges are serving, where they are sought to be transferred and concerned judge. It is an administrative procedure in which only the judiciary is involved and it is done via a clearly laid out process which has stood the test of time. The government should not, must not, interfere in this. By delaying transfers and by selectively notifying them, the government is hindering the judicial process. While showing its displeasure in the matter, the Supreme Court also pointed out that four of the six judges whose transfers have not been notified are from Gujarat. It asked the attorney general what signal the government was trying to send.

Both sides are guilty of being inflexible, especially in matters of appointments. There is no transparency in collegium decisions. Earlier, the reasons for recommending names were published on the Supreme Court website. The practice has been discontinued. From the government side, there is never any explanation for the delay. Other than a negative intelligence report, the government has no reason to reject the collegium recommendation. Both the executive and the judiciary must apply their minds and find a lasting solution to this vexed problem.