Centre should not delay appointing Judges: SC

A Supreme Court bench, headed by Justice Sanjay Kishan Kaul, has reiterated that there should be no delay by the Centre in appointing judges and that the Centre should not keep the names (recommended for elevation) in a "limbo". The bench stated that either the names recommended (for elevation) should be notified or be returned by the Centre to the collegium with reservations "promptly".

The bench stated that the government "must" appoint judges once the Supreme Court Collegium reiterates the names sent by it for elevation. The bench said that 70 names pending with the Union law ministry (recommended by several high courts) from November 2022 have reached the SC. The bench also noted that the names recommended for elevation to the post of judges by several high courts have been sent to the collegium by the law ministry.

Speaking for the bench, Justice Kaul observed that the collegium (of the SC) will examine the reservations raised by the Centre to some of the names recommended for elevation by the high court collegiums.


The bench said that the collegium will try to complete the process by the October vacation of the top court (October 23 to 28). Justice Kaul said that the names from the law ministry sent to the Supreme Court collegium should not take a long time. The bench said that of the files pertaining to the transfer of 26 high court judges, 14 have been cleared by the Centre. With regard to the remaining 12 names, the Centre has informed the SC that it is "under process". The case will now come up for hearing on October 20.

At the last hearing, the Centrehad sought a week's time to apprise the SC of the status of pending transfers of 26 high court judges.