Meritorious lawyers backing out of judgeship because Centre processing Collegium resolutions selectively affecting seniority: Supreme Court

Meritorious lawyers recommended by the Collegium for High Court judgeship often back out because the Central government processes names selectively thereby affecting potential seniority of the candidates, the Supreme Court lamented on Friday [The Advocates Association Bengaluru vs Barun Mitra & anr]..A bench of Justices Sanjay Kishan Kaul, Sudhanshu Dhulia and Manoj Misra when collegium recommends a certain number of persons for judgeship and the Centre appoints only a few, it ends up disturbing the seniority of the persons recommended."In appointment process when you appoint one and not the other, the very premise of seniority gets disturbed. And the incentive to join the bench is lost and they accept the recommendation based on where they will stand. Suppose there are four names recommended, you process two names and keep two pending. This is why meritorious lawyers often back out," the top court observed.The Court also questioned the delay by the government in clearing Collegium recommendations for transfer of judges.When five senior judges of the Supreme Court collegium use their wisdom to recommend transfer of judges, the Central government should proceed with it faster rather than sitting over the same, the Court said.."Appointments are consultative process. (But) transfers are for already who are judges. There is wisdom of five senior judges in these transfers. So we think he is better at someplace else and this should not give an impression. However, on other areas there has been improvement and what was not done in six months has happened in one month," Justice Kaul observed. The bench was hearing a plea filed by the Advocates Association Bengaluru over delays in appointing judges.The Association has contended that the Central government's failure to process the names recommended by the Collegium for appointment was in direct contravention of the Second Judges case.In November last year, the apex court had sought a response from the Union Law Secretary in the matter..The apex court noted on Friday that as on date, files relating to five reiterated names, five names recommended for first time, and eleven transfers were pending with the Central government. Additional Solicitor General Balbir Singh assured the bench that the pendency would come down in two weeks. The matter will now be heard in the second week of November, 2023. .During the last hearing, the bench had flagged 26 pending transfer recommendations that were then yet to be notified by the government. Soon after, the Central government notified 16 transfers as well as the transfer of Delhi High Court judge Justice Siddharth Mridul to the Manipur High Court as its Chief Justice..[Read Live Updates form hearing below]