The Supreme Court on Wednesday said that it will list for hearing a public interest litigation (PIL) petition filed plea by NGO Centre for PIL against Central government not clearing Collegium recommendations.The matter was mentioned before Chief Justice of India (CJI) DY Chandrachud by advocate Prashant Bhushan seeking listing of the case. "We are seeking a mandamus to the government. This plea was filed in 2018 and nothing was listed," Bhushan said."Yes this will be listed. I will pass administrative orders. This will come on board," the CJI responded..The NGO in its plea has asked 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..CPIL’s petition highlighted many recommendations which were sent by the Collegium but not acted upon by the government. The petition 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 was 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. .Interestingly, on November 11, the top court had stated that Central government is holding up judicial appointments by not acting on the Collegium recommendations and appointments are not being made despite the Collegium reiterating its recommendations.This way, the government is indirectly compelling persons recommended by the Collegium, to withdraw their names from the fray, a bench of Justices Sanjay Kishan Kaul and AS Oka had opined.In this regard, the bench had highlighted 21 recommendations in total which are pending with the government.
The Supreme Court on Wednesday said that it will list for hearing a public interest litigation (PIL) petition filed plea by NGO Centre for PIL against Central government not clearing Collegium recommendations.The matter was mentioned before Chief Justice of India (CJI) DY Chandrachud by advocate Prashant Bhushan seeking listing of the case. "We are seeking a mandamus to the government. This plea was filed in 2018 and nothing was listed," Bhushan said."Yes this will be listed. I will pass administrative orders. This will come on board," the CJI responded..The NGO in its plea has asked 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..CPIL’s petition highlighted many recommendations which were sent by the Collegium but not acted upon by the government. The petition 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 was 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. .Interestingly, on November 11, the top court had stated that Central government is holding up judicial appointments by not acting on the Collegium recommendations and appointments are not being made despite the Collegium reiterating its recommendations.This way, the government is indirectly compelling persons recommended by the Collegium, to withdraw their names from the fray, a bench of Justices Sanjay Kishan Kaul and AS Oka had opined.In this regard, the bench had highlighted 21 recommendations in total which are pending with the government.