CJI tells Centre not to act on collegium picks ‘selectively'
Chief Justice of India Bhushan R Gavai has conveyed to the Union government that the Centre should refrain from selectively acting on collegium recommendations, emphasising that appointments and transfers should not be cleared in instalments or by segregating names.
According to people familiar with the matter, Justice Gavai issued this message after presiding over his first collegium meeting on May 26, which recommended a sweeping overhaul of key judicial positions across the country.
'CJI Gavai was emphatic that segregating names from a batch of recommendations not only disturbs the seniority of judges but also sends an improper message about the collegium's authority and functioning,' a person aware of the development said. This person pointed out that some of the recommendations made by CJI Gavai's predecessors have remained pending till date after the government segregated them.
In a decisive opening move, CJI Gavai led the collegium in recommending the elevation of three high court judges -- Justices NV Anjaria, Vijay Bishnoi, and AS Chandurkar, to the Supreme Court. Apart from Justice Gavai, the collegium comprised Justices Surya Kant, Vikram Nath, JK Maheshwari, and BV Nagarathna. The Union government acted with speed, notifying the appointments on May 30, allowing the top court to reach its full sanctioned strength of 34 judges.
The same meeting also proposed the appointment of five new chief justices -- Justice Sanjeev Sachdeva (Rajasthan), Justice Vibhu Bakhru (Karnataka), Justice Ashutosh Kumar (Gauhati), Justice Vipul M Pancholi (Patna), and Justice Tarlok Singh Chauhan (Jharkhand). In addition, four sitting chief justices were rotated between Madras, Rajasthan, Tripura, Telangana and Jharkhand high courts.
In addition, this meeting proposed transferring 22 judges to various high courts based on administrative need and personal requests. The Delhi High Court, notably, received a proposed infusion of six judges, reflecting a focus on enhancing transparency in judicial appointments and accountability.
These decisions follow the Supreme Court's recent strides towards openness, including the publication of collegium resolutions, judge profiles, and asset declarations on its official website – part of a transparency initiative launched under former CJI Sanjiv Khanna in early May.
Another person familiar with the matter said that all collegium files related to judge transfers and chief justice appointments, except one delayed due to a late consent, have been cleared and may be formally notified within a week.
'All the files, except one where the consent of the judge concerned reached late and led to some administrative issue, have been cleared and are awaiting final notification by the government. They may happen within a week.'
While the Memorandum of Procedure (MoP), which is the document guiding the appointment and transfer of judges in constitutional courts, does not explicitly prohibit segregation, the judiciary has consistently opposed the practice.
In 2014, then CJI RM Lodha wrote to then Union law minister Ravi Shankar Prasad, objecting to the government's unilateral decision to drop former Solicitor General Gopal Subramanium from a list of four recommended judges for the Supreme Court. Subramanium later withdrew his nomination.
More recently, between 2022 and 2023, a bench led by Justice Sanjay Kishan Kaul criticised the practice, noting that 'selective appointments' damaged the 'element of workable trust' needed between the judiciary and the executive. The bench warned that such conduct 'sends a wrong signal.' However, following Justice Kaul's retirement in December 2023, the matter has not been listed for further hearing.
In 2014, the National Democratic Alliance government passed the National Judicial Appointments Commission (NJAC) Act, setting up an alternative system for the appointment of judges to constitutional courts which also proposed a greater role for the government in the process. But, in 2015, the Supreme Court struck down the law for being unconstitutional because it sought to tinker with the independence of the judiciary.
Since the NJAC verdict, the relationship between the judiciary and the executive has remained fraught, with tensions often surfacing over the MoP, the document that outlines the process of judicial appointments. Despite several rounds of discussions, a new MoP has not been finalised, leading to frequent deadlocks and delays in judicial appointments. The executive has raised concerns about the lack of transparency in the collegium system, while the judiciary has resisted any perceived encroachments on its independence.
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
United News of India
31 minutes ago
- United News of India
Cooperation is the soul of India's way of life: Amit Shah
Mumbai, June 20 (UNI) Cooperation is the soul of India's way of life, said Union Minister for Cooperation Amit Shah in Mumbai on Friday. He was speaking at the 'Sahakar Se Samriddhi' National Symposium organized at Hotel Fairmont today. Chief Minister Devendra Fadnavis, Deputy Chief Minister Eknath Shinde, Cooperation Minister Babasaheb Patil, Agriculture Minister Adv. Manikrao Kokate and several others were present. Shah said that UN has declared 2025 as the 'International Year of Cooperatives'. Prime Minister Narendra Modi took a historic step by establishing a separate Ministry of Cooperatives in the country. Now the aim is to establish two lakh new Primary Agricultural Credit Societies (PACS) in the country, he said. He further said that information about cooperative societies in every village across the country has been collected through a digital database, and Maharashtra, Goa and Karnataka have made remarkable achievements in the cooperative sector. PACS societies will now not be limited to agriculture alone but will operate in 22 new service sectors. These include Jan Aushadhi Kendras, gas distribution, petrol pumps, railway ticketing services, taxi services. In the 'National Taxi' initiative, the taxi drivers will be the owners of the vehicle and their profits will be deposited directly in their bank accounts, he said. This initiatives will create new employment opportunities for women and youth, and will boost the rural economy. The country is moving towards a new era of cooperation said Shah. Speaking on occasion, Chief Minister Devendra Fadnavis said that Maharashtra has successfully implemented various schemes in rural areas through PACS and FPOs (Farmer Producer Organizations). These schemes have given a boost to employment generation and have provided a market chain to farmers. Maharashtra has fulfilled the objectives of the central government more efficiently, Fadnavis said. He further said that Maharashtra has a 120-year tradition of cooperation and this historical land is to celebrate the International Year of Cooperation. UNI SP RN
Time of India
an hour ago
- Time of India
Speak freely
Why all courts must protect your right to speak your mind In India, the Constitution says you have the right to speak freely – as long as you don't break certain fair rules (like spreading hate or lies). But this right only really works if all courts across the country protect it. Recently, the Supreme Court (SC) – the top court in India – stood up strongly for free speech. In the case of a film called Thug Life by Kamal Haasan, someone said their feelings were hurt and wanted the film blocked in Karnataka. But the SC said no – just because someone is offended doesn't mean another person should lose their right to express themselves. If hurt feelings were enough, then free speech would always be in danger. This isn't the first time. Just a few months ago, in a case about poet Imran Pratapgarhi, the SC said that even if lots of people dislike your opinion, you still have the right to share it. But not all courts agree. Recently, the Calcutta High Court told a young person, 'You can't hurt others just because you have free speech.' And the Karnataka High Court told Haasan something similar. Lower courts also sometimes say things that go against what the SC has already made very clear. This creates confusion and makes people afraid to speak their minds, because they don't know if a local court might punish them, even if the SC would support them. In a strong democracy, free speech matters. And if it's a right promised by the Constitution, every court – not just the top one – needs to protect it. Facebook Twitter Linkedin Email Disclaimer Views expressed above are the author's own.
Time of India
an hour ago
- Time of India
Alipur village in Karnataka awaits return of residents from strife-torn Iran
Bengaluru: Amid raging Iran-Israel hostilities, fear and anxiety have gripped the tiny hamlet of Alipur — located 70 km from Bengaluru — with 105 villagers from there currently stranded in Iran. Alipur in Gauribidanur taluk of Chikkaballapur district is one of the few Muslim-majority villages in the state — constituting 90% of the population, with Shias make up 99% of the community. Linked by spiritual, religious, socio-cultural, and educational bonds, Alipur has fostered a close relationship with Iran for decades, and several services had been initiated in the village in collaboration with the Iranian govt. Iran's current supreme leader Ali Khamenei's visit to Alipur in 1981-82 to inaugurate a hospital built in collaboration with the Iran govt marks the high point in the village's ties with the West Asian country. According to the villagers, while a few of the youngsters from Alipur are studying medicine at Tehran University, the majority are enrolled at the prestigious Shia seminaries and Islamic research institutes to become Islamic clerics. Besides, some have also gone on an annual pilgrimage to the holy city Mashhad — the second most populous city in Iran. "The families back home were anxious, as panic gripped the village ever since tensions rose between Iran and Israel. There are about 105 citizens from Alipur who are currently stranded at various locations across Iran," said Shafeeq Abidi, a resident. "Currently, around 15 students are pursuing medicine (MBBS) in Tehran. Around 30 citizens have gone on a pilgrimage, and more than 50 youngsters are undergoing religious training. A few others have also gone on business trips, as the village is also a hub for gems and jewellery trade," he added. Officials from the state revenue department and Chikkaballapur police visited Alipur two days ago to collect details of the citizens who are currently in Iran. This was in keeping with the directive of the Ministry of External Affairs to bring them back home as part of Operation Sindhu, launched by the Union govt. "Until a few days ago, the families of those stranded in Iran were terrified. However, over the past two days, the families were unable to contact their loved ones. Thankfully, all of them have been moved to safe locations and are in touch with Indian embassy officials. The govt of Iran is also cooperating by providing shelter, food, and transit options," Abidi explained. "The state govt has been coordinating with the MEA for the safe return of our villagers. They will be airlifted from Iran and are expected to reach Karnataka by Sunday or Monday," Abidi added.
