Centre not clearing Collegium files, NGO CPIL moves Supreme Court

NGO, Centre for PIL (CPIL) has approached Supreme Court praying that names of lawyers and judges who have been reiterated by the Collegium for appointment as High Court judges be cleared expeditiously for appointment by Central government..Senior advocate Dushyant Dave and advocate Prashant Bhushan, appearing for CPIL, raised concern that the Central Government takes a long time to appoint judges. This, even after the reiteration of recommendations by the Supreme Court Collegium, after considering the Government’s objections..CPIL’s petition points to at least thirteen such recommendations, including that of Justice KM Joseph, who’s name was reiterated twice after his initial recommendation, before he was finally appointed as Supreme Court judge last August..The petition has contended that the Central Government’s failure to act on the files of those recommended by the Collegium for appointment as judges shows a complete disregard for the law laid down by the Supreme Court in the Second Judges case and the NJAC case..Further, it is argued that that the present picture represents a virtual break down of the consultative process, thereby diminishing, if not destroying, the primacy of the Chief Justice of India with regard to judicial appointments. It states,.“The picture that emerges reflects an extremely sorry state of affairs with regard to appointments and transfers of Judges to the higher Judiciary thereby seriously eroding the Independence of the Judiciary and violating the Basic Structure ofthe Constitution.“.Interestingly, when the case came up before the Court today, CJI Ranjan Gogoi pointed out that the number of files so pending before the Central Government in this manner is perhaps three times more than the thirteen names mentioned in CPIL’s petition..The Chief Justice however asked Dave to give him time to deal with the matter on the administrative side, before ordering that the matter be listed after 8 weeks..Read CPIL’s Petition: