'Don't Force Us To Pass Orders,' Angry Supreme Court Warns Centre

The Supreme Court today accused the government of "sitting over" judges' appointments and said scathingly: "Don't force us to pass orders to remove this logjam." A three-judge bench led by the Chief Justice of India, Justice TS Thakur, told the government that since February, 75 names had been recommended as high court judges but none had been approved. "Why is there mistrust? Judges who have been transferred by the

collegium have not been transferred. We don't want all this," the judges said. The appointment and transfer of judges is decided by the collegium or a panel of the seniormost judges of the Supreme Court, including the chief justice. The names recommended by the collegium are forwarded to the government for approval and finally signed off by the President.

Justice Thakur told the government: "You can't leave a situation where courts are allowed to be shut down.  Accessibility to courts can't be allowed to come to a grinding halt. Tell us where the files are. There has to be some accountability. If you have any problems with the names, send it back.  Collegium can consider. You can't sit over files and not process the recommendations."

The judges commented that even transfers and appointments of chief justices of high courts had not been done. "In February, a few judges were recommended for transfer. Still the names are not processed. It gives a wrong impression and we feel to think whether judicial work should be withdrawn from those judges under transfer," said the Chief Justice.

The searing comments reflect the deep rift over whether the government should have a greater say in the appointment of judges.

The appointment of more than 400 judges in the Supreme Court and High Courts across the country has been caught in the tussle between the judiciary and the government over the procedure.

Last year, the National Judicial Appointments Commission passed by parliament was struck down by the top court, which marked another notch in the long-running feud. The commission, which would include three judges and three government representatives, was meant to replace the system of judges appointment judges.

A panel of the senior-most Supreme Court judges last month rejected another move to give the government a greater say in appointments, sources told NDTV.

The collegium rejected the government's suggestion that merit and seniority be the criteria for appointing Judges.

But the judiciary is opposed to it and wants the existing practice of seniority combined with merit to continue.