SC asks govt to act on collegium recommendations within 3 months

The Supreme Court on Thursday asked the government to act on long-pending collegium recommendations within three months as the delay in appointments was preventing younger people from throwing their hat into the ring. “People are reluctant when you take so long. You must put your best foot forward,” Chief Justice of India SA Bobde told the Attorney General of India KK Venugopal. “These cases must receive top attention.”

The bench, which also comprised Justices Sanjay Kishan Kaul and Surya Kant, then asked the central government how much time it would take for the recommendations which have been pending for over six months regarding some high courts. Venugopal assured the top court that these would be cleared in three months. These include five names to the Calcutta High Court, four to Delhi and one in JK.

Pressed by the judges to set a timeline for clearing the recommendations made by the collegium, the AG said that the government was willing to adhere to the broad timelines laid down in the memorandum of procedure (MoP). The AG said that the judiciary must, on its part, initiate all appointments six months before a post fell vacant. The government would, in that case, adhere to all the timelines laid down in the MoP which governs such appointments, he said.


The court though insisted that the government stick to its own deadline laid down in the MoP instead of linking it to the recommendations made by the collegium. While the top court picks names for appointment based on seniority and experience, the Law and Home Ministries vet these names after formal security clearances. The AG said that the MoP was still pending with the Supreme Court.

The MoP had become a bone of contention between the government and the court when the government had insisted on being the last word on such appointments on the grounds of security. The judiciary had rejected this stating that the CJI-led collegium had primacy over this process.