SC seeks AG help on plea seeking time limit for Centre to notify judges’ appointment

The Supreme Court has sought the assistance of Attorney General R Venkataramani on a plea regarding the appointment of judges recommended by the apex court collegium. The plea has sought a direction that a time limit be fixed for the Centre to notify such appointment.

The plea, filed by advocate Harsh Vibhore Singhal, came up for hearing on Friday (August 18) before a Bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra.

“A copy of the petition be served on the office of the Attorney General for India. We request the Attorney General to assist the court,” the Bench said and posted the matter for hearing on September 8.

“The instant writ petition does not in any way challenge the Supreme Court Collegium (SCC) system for the appointment of judges. Rather, it seeks to further cohere and strengthen the SCC for greater judicial independence,” says the plea.

It has sought a direction to plug the “zone of twilight” of there being no time for notifying the collegium’s recommendations for the appointment of judges to the higher judiciary.

“Arbitrary delay”

The plea said in the absence of a fixed period, the government “arbitrarily delays notifying appointments”, thereby “trampling upon judicial independence, imperilling the constitutional and democratic order and disparaging the majesty and sagacity of the court”.

“It is necessary for the court to stretch its arms long enough to fetter discretion and exercise its powers under Article 142 (of the Constitution) to fix a time period for the respondent to object to any SCC recommendation by such period and a fixed time period to notify appointments…,” it added.

Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do “complete justice” in any matter pending before it. According to Article 142(1), a decree passed or an order made by the apex court is executable throughout the territory of India.

The plea said if any name is not objected to, or the appointments are not notified by the end of such fixed time period, the appointments of such judges must be taken as notified.