Fresh term, same story: Central government continues to delay judicial appointments

Justice BR Sarangi of the Orissa High Court has been appointed as Chief Justice of the Jharkhand High Court over six months after the Supreme Court Collegium recommendation to that effect..As a result of the Central government's delay in processing the appointment, Justice Sarangi will serve the post for a mere 16 days, as he is scheduled to retire on July 20..The Jharkhand High Court has been without a regular Chief Justice since the retirement of Justice SK Mishra in December 2023. Justice Shree Chandrashekhar was appointed as Acting Chief Justice with effect from December 29, 2023. That same day, Justice Chandrashekhar had sought his transfer from the High Court, which the Supreme Court Collegium approved in January. It wasn't until yesterday that the Union government cleared Justice Chandrashekhar's transfer, after a five-month delay..Judges of the Jharkhand High Court are not the only ones who have been waiting for the Centre to clear appointments.In the aforementioned Supreme Court Collegium recommendation of December last year, Justice Sheel Nagu of the Madhya Pradesh High Court was recommended for appointment as Chief Justice of the Punjab and Haryana High Court. His appointment is yet to be approved.Justice Nagu is currently Acting Chief Justice of the Madhya Pradesh High Court, following the retirement of Chief Justice Ravi Malimath on May 24 this year.The Punjab & Haryana High Court has been without a full-time Chief Justice since October 2023, eight months since the retirement of Justice Ravi Shanker Jha. Currently, Justice Gurmeet Singh Sandhawalia is serving as Acting Chief Justice..In addition, the High Courts of Delhi and Madras also do not have regular Chief Justices; the Collegium is yet to recommend names to fill those posts..Union Minister of State (Independent Charge) for Law and Justice, Arjun Ram Meghwal in December last year revealed in Parliament that 122 judicial appointments are still pending at various stages.Of the 122 proposals, 87 were forwarded to the Collegium for advice, and the Collegium has provided guidance on 45 proposals. 42 are still pending with the Collegium. In essence, a total of 80 proposals are pending with the Centre as of December 2023..In November 2023, the Supreme Court observed that the Central government cannot block the appointment of judges just because names cleared by it were not approved by the Collegium.A Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia had said that when the Collegium does not accept a name for judgeship, that should be the end of it."Suppose some name is cleared by you (Central government) and suppose Collegium does not clear it. Then that should be the end of the chapter. Somebody expects to be a judge and we do not accept that, then that should be the end. This has happened in more than one case. This cannot be the reason other names are halted. Else it becomes like a ping pong ball.".The top court had further highlighted that there was a delay in implementing the transfers of judges recommended by the Collegium as well."The transfers are troubling us...The first set took a couple of months and now the same position even for transfers. How should we accept it all? Transfers must take place immediately," the Court had said..Interestingly, the case concerning delays by the Central government in notifying the appointment of judges recommended by the Supreme Court Collegium was deleted from the causelist and the top court was made aware of it.In response, Justice Kaul had clarified that he did not have a role to play in the deletion. However, he hinted that the Chief Justice of India might be aware of the deletion and suggested that certain matters are better left unsaid."I had not deleted it or expressed unwillingness to take it up. I am sure the CJI is aware of it (deletion). Some things are best left unsaid. We will see," he had said.