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The Centre Public Interest Litigation (CPIL) has been filed in the SC by Advocate Prashant Bhushan, Advocate Cheryl D’souza and Senior Advocate Dushyant Dave, seeking notification from the centre regarding the appointment of judges at higher judicial services. The petition in its prayer mentions to seek direction from the court to direct the Centre Government, to notify the appointment of judges whose name has been recommended by the SC collegium and is being pending from more than 6 weeks by the government.
The petition refers that the following act of the government is violative of the verdict rendered by the SC in SC Advocates on Record Assn. v. UOI, (1993) 4 SCC 441 (Second Judges case), and the same principle was laid down in SC Advocates on Record Assn. v. UOI, (2006) 5 SCC 1. The principle laid down in the following case states that the government has the authority to send the name back for re-consideration to the Collegium. If the collegium sends the name back to the Centre after re-consideration then the President is bound to appoint the recommended candidates.
The petition referred to the six cases which were recommended by the Collegium but appointment has not been notified by the government. In the case of Justice Joseph candidature as a SC judge, he was recommended by the Collegium in the month of January. The centre rejected his candidature in the month April on the ground of being not compatible for the post as compared to other senior Judges. The Collegium then again re-recommended him in the month of July being more deserving and suitable for the post of SC judge.
In Justice Ramendra Jain case, the Collegium recommended him in the month of March of this year. The centre sent his name back for re-consideration to the Collegium. The Collegium sent his name again after re-consideration. However, despite of the recommendation, his term was extended as an Additional Judge of the Punjab and Haryana HC.
The petition highlights that according to the Judges Case the Centre is under an obligation to issue notification regarding the appointment of the recommendations by the Collegium. To this the petition says that the Government’s inaction is violation of the independence of judiciary under Article 14 and 21 of the Indian Constitution. This inaction of government has resulted in the failure of rule of law and the independence of judiciary. In the petition a report was referred which stated that despite of the large number of vacancies in the judiciary and huge pendency of cases, the government is acting arbitrarily in delaying the process of appointment.
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