Delay in transfer of judges in HC may lead to administrative actions: SC to Centre

The Supreme Court warned the central government on Friday that delaying the transfers of high court judges could result in administrative actions that may not be palatable and expressed its concern regarding the issue of keeping the list of the transfers pending with the Centre. In addition, the court cautioned that it does not force the court to take a difficult stand and stated that it will not permit third parties to clear their names in this matter.

The petition against the Centre for delaying the Collegium-recommended names of judges for the various High Courts and Supreme Courts was being heard by the court.

The transfer is a serious matter, according to a bench headed by justice Sanjay Kishan Kaul. The court stated, “We have put to the Attorney General that any delay in this may lead to administrative actions that may not be palatable.”

“Extremely concerned about how the Centre is not approving even decisions on transfer of judges,” the Supreme Court bench stated. It stated that while the government may have an opinion regarding new appointments, it is against the law to prevent even the transfer of judges.

“Don’t force us to take such a stance; this will make us make very difficult choices. The AG asks for more time because any delays will lead to actions that might not be liked. “After ten days, we’ll take up the matter,” the Supreme Court stated.

The Supreme Court Collegium and the government have disagreed for a long time about who should be appointed to the Supreme Court and other high courts. It said that the government had been repeatedly accused of “sitting” on the recommended names and not clearing them last year. It stated that the government must approve a name once it has been reiterated by the Collegium.

Law minister Kiren Rijiju argued that the Collegium system is an “alien” and “opaque” idea. In an effort to make the system more “transparent,” he has advocated for changes to the procedure for appointing judges. He argued that no one knows how the Collegium selects judges for the Supreme Court and other high courts.

In his reply to the Rajya Sabha on February 2, Kiren Rijiju stated that there were seven vacancies as of January 30, 2023. He also discussed the e-court project and stated that the Centre and the judiciary must collaborate to reduce case pendency. Seven recommendations have recently been made by the Supreme Court Collegium (SCC) to fill all Supreme Court vacancies. He stated.

Additionally, as of January 27, 2023, according to data retrieved from the Integrated Case Management Information System (ICMIS), the Supreme Court has 81 cases pending for more than 25 years.

Meanwhile, the Attorney General stated today that they will clear the names within five days regarding the matter of the SC’s December collegium recommendation of elevating five judges to the top court, which is pending with the Centre.