homeindia NewsSC says transfer of 26 judges pending with Centre, warns 'today we are quite, but next time...'

SC says transfer of 26 judges pending with Centre, warns 'today we are quite, but next time...'

The Supreme Court was hearing a plea regarding a delay in the Centre processing and notifying Collegium resolutions regarding the transfer and appointment of judges.

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By Ashmit Kumar  Sept 26, 2023 10:48:32 PM IST (Updated)

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The Supreme Court yet again pulled up the Centre over delay in the approval of Collegium's recommendations regarding the transfer and appointment of high court judges. The court noted that the transfer of 26 high court judges was approved by the Collegium but is still pending the Centre's approval. "...Even appointment of a Chief Justice of a sensitive HC is also pending with the Centre," the Supreme Court said.

During the hearing on Tuesday, the Supreme Court granted one week's time to the Attorney General (AG) to respond to the apex court's concerns over the delay in the Centre's approval of the Collegium recommendations.
The court warned, "Today, we are being quiet because the AG has sought time. Next time, we may not be this quiet."
The top court was hearing a plea regarding a delay in the Centre processing and notifying Collegium resolutions regarding the transfer and appointment of judges. Petitioners in the case claimed that shortlisted candidates were withdrawing their names due to the delays.
What is SC Collegium Vs Centre issue
The Centre versus the Supreme Court Collegium debate has been a longstanding issue in India. The Supreme Court has time and again accused the Centre of not approving and notifying the transfer and appointment of judges as recommended by the Supreme Court Collegium.
Earlier this year, the government batted for a new system and reform in the appointment of judges, calling the Collegium system "opaque". Former Union Law Minister Kiren Rijiju had called the current system of judicial appointments a matter of concern. Speaking exclusively to CNN-News18, he had said that judges should focus on their primary responsibility of justice delivery rather than appointments.
However, the Supreme Court wants the Collegium system to continue.
In the process of appointment and transfer of judges, the role of the government comes into play only after the SC decides the names of the judges to be recommended for elevation to the Supreme Court or a high court. The government can raise objections and seek clarifications over the collegium’s choices. However, if the collegium reiterates the same names, the government has no option but to appoint them.

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