Premium“It appears govt unhappy over NJAC Act not passing muster," the Supreme Court of India on Monday said on the delay in Centre accepting Collegium's recommendations. the apex court expressed anguish over the Narendra Modi-led government's delay in clearing names recommended by the Collegium for appointment as judges in the higher judiciary.
The Supreme Court bench said it ‘effectively frustrates’ the method of appointment. The court asked if the National Judicial Appointments Commission (NJAC) not passing muster was the reason that the government is not happy, and is hence not clearing names.
"Once the Collegium reiterates a name, it is end of the chapter," it said, adding, there cannot be a situation where recommendations are being made and the government keeps sitting on them as this frustrates the system.
A bench of Justices S K Kaul and A S Oka said a three-judge bench of the apex court had laid down the timelines for the appointment process to be completed. Those deadlines have to be adhered to, it said.
Justice Kaul observed it appears the government is unhappy with the fact that the National Judicial Appointments Commission (NJAC) Act did not pass the muster, but that cannot be a reason to not to comply with the law of the land.
The Bench of justices mentioned that the Centre cannot hold back on clearing names without mentioning a reason for the reservation. The court also warned of judicial decision and said, "For the last two months, the whole thing has come to a standstill," it said, adding, "Please resolve it."
"Don't make us take a decision on this in the judicial side," the bench said.
"The ground reality is, names are not being cleared. How will the system work? Some names are pending for the last one and half years," the Supreme Court mentioned. "It cannot be that you can withhold names, it frustrates the whole system...And sometimes when you appoint, you pick up some names from the list and not clear others. What you do is you effectively disrupt the seniority," the court added.
The apex court had in its 2015 verdict struck down the NJAC Act and the Constitution (99th Amendment) Act, 2014, leading to the revival of the Collegium system of existing judges appointing judges to constitutional courts.
"How does the system work?" the bench said, adding, "Our anguish we have already expressed."
"It appears to me, I would say, unhappiness of the Government of the fact that NJAC does not pass the muster," Justice Kaul observed.
The apex court, which posted the matter for hearing on December 8, said it expects both the Attorney General and Solicitor General to play a role to advise the government so that law of the land is followed.
"Till the law stands, it has to be followed," it said.