The Supreme Court Expresses Concern Over Loss of Fresh Legal Talent Due to Delayed Judge Appointments
The Supreme Court of India has expressed its concern over the loss of fresh legal talent in the judiciary due to the government’s delay in appointing judges. The court revealed that prospective candidates, who were shortlisted for judgeships in High Courts, have been withdrawing their applications as months pass without any decision from the government. Justices Sanjay Kishan Kaul and Sudhanshu Dhulia highlighted this issue during a recent hearing.
According to the justices, the government has been segregating names for unknown reasons, seemingly preferring one name over the other. This has resulted in the loss of talented individuals who were willing to sacrifice their law practice to join the Bench. Justice Kaul addressed Attorney General R. Venkataramani, who was representing the Centre, stating that the court has lost good talent due to this segregation.
Representatives from the legal community echoed these concerns and criticized the government’s practice of segregating names. Senior advocate Arvind Datar and advocate Amit Pai, representing the petitioner Advocates Association of Bengaluru, described the act as embarrassing. Advocate Prashant Bhushan added that despite the Collegium’s prohibition of this practice, the government continues to segregate names with impunity.
Justice Kaul drew the Attorney General’s attention to the alarming number of pending judge appointments. He stated that there are currently 70 recommended names for judgeships by the High Court Collegiums, which have been pending with the government for over 10 months since November 2022. He emphasized that the government has not even completed the basic processing and forwarding of these recommendations to the Supreme Court Collegium.
Furthermore, 26 transfers recommended by the Supreme Court Collegium still await action from the government. In addition, nine fresh recommendations for appointments to High Courts have neither been acted on nor returned to the Collegium. The fate of seven other names reiterated by the Collegium for appointment to various High Courts also remains uncertain.
The Attorney General, Mr. Venkataramani, requested a week’s time to inquire about the status of these pending appointments. Justice Kaul, who is a member of the top court Collegium, expressed his frustration and vowed to follow up on the matter in the upcoming hearings.
The Supreme Court directed the Attorney General to provide an update on the pending appointments and transfers by the next date of hearing, which is scheduled for October 9. The court emphasized the importance of taking immediate action to fill the vacant posts and ensure a smooth and efficient functioning of the judiciary.
The issue of delayed judge appointments and the subsequent loss of fresh legal talent raises concerns about the overall effectiveness and efficiency of the Indian judiciary. The court’s focus on this matter highlights the need for the government to prioritize and expedite the appointment process, ensuring that the best talent is brought into the judicial system.
