A bench comprising CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra on Friday ordered: “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 petitioner, Harsh Vibhore Singhal, sought a declaration that appointments of judges are final from the date of the recommendation made by the SC Collegium and are not contingent upon the issue of notification by the Union government.
He said that the plea does not in any way challenge the Supreme Court Collegium system for the appointment of judges, and rather, seeks to further cohere and strengthen it for greater judicial independence.
The petitioner seeks a writ of mandamus or any other direction in the nature of writ and invoking powers of the Court under Art 142 of to plug the ‘zone of twilight’ of there being no time for notifying per the Supreme Court Collegium’s recommendations for appointment of judges to the higher judiciary.
It said that “notification” issued by the Union Law Ministry is not making an appointment as the Supreme Court Collegium already makes the appointment and notification is just an administrative formality.
It said that in absence of a fixed time period to notify the recommendations made by the SC Collegium, the Union government “arbitrarily delays notifying appointments thereby trampling upon judicial independence, imperiling the constitutional and democratic order and disparaging the majesty & sagacity of the Court”.
The petition said that if any name is not objected to or appointments not notified by the end of a fixed time period, then appointments of such judges must be taken as if notified and they be sworn into office with warrants to follow in due course being merely administrative.
In recent times, the central government and the Supreme Court have often not been on the same side in connection with the appointment of judges to the higher judiciary.
–Ajit Weekly News
pds/svn
News Credits – I A N S
