Executive tinkering with judicial independence by picking and choosing from Collegium recommendations: Kerala AG Gopalakrishna Kurup

Advocate General (AG) of Kerala Gopalakrishna Kurup K on Wednesday took exception to the Central government selectively clearing names recommended by the Supreme Court Collegium for appointment as High Court judges. .AG Kurup said that two such names, judicial officers Snehalatha MB and P Krishna Kumar, are yet to be cleared though three others who were recommended along with them, were cleared. "In the Supreme Court collegium resolution dated October 10, 2023, five judicial officers were recommended to be elevated as judges of this honourable court. In the said collegium recommendation it has been undoubtedly stated about the two judicial officers, whose names were left out in the consequential executive notification, that both the consultee judges had said that they were suitable for appointment and that the assessment made by government of India in the files did not indicate anything adverse to their integrity or reputation. One fails to understand what more is required to be appointed as a High Court judge than duly assessed suitability for the same and proven individual integrity", he said.Such pick and choose by the government amount to "executive tinkering", he said adding that leaving judge positions vacant only worsens pendency of cases."Such pick and choose of names amounts to executive tinkering of collegium recommendations, certainly an antithesis to the independence of the judiciary. It is a matter of common knowledge that one of the reasons if not the imperative one for the never ending pendency of cases is judicial vacancies. It is in the best interest of the common citizens of the country that all the courts function with full capacity," AG Kurup said..The AG was felicitating Justices Johnson John, GU Girish and C Pratheep Kumar after they were sworn-in as additional judges of the High Court. The AG said that the two judicial officers who were recommended along with the three newly sworn in judges, seemed to satisfy every criteria required for appointment as judges of the High Court. Yet, the Central government chose to hold back their recommendation. .Another issue flagged by the AG in his address was the delay in notifying appointments of names recommended by the collegium."This swearing-in ceremony would have been held a bit earlier had the recommendation dated March 3, 2023 by the collegium of this honourable court in this regard had been processed in a time-bound manner by the union executive in strict adherence to the timeline fixed by the honourable apex court," he remarked. .AG Kurup also said that 70 odd high court collegium recommendations are pending before the Central government since November 11, 2022. However, he ended his address on a hopeful note, appreciating the efforts of the apex court in holding the government accountable when it comes to judicial appointments.