Centre vs judiciary: SC expresses 'concern with some issues'

"I can assure you that I am equally concerned, if not more, of what is happening," Justice Kaul said.

The matter pertains to the Centre's demand for having its representative in the Collegium which recommends names for appointment and transfer in High Courts and the Supreme Court. The demand has drawn strong criticism as observers have argued that the Centre's involvement will affect the independence of the judiciary.

After the Centre sought time, as Attorney General R Venkataramani was not available, the court adjourned the hearing in the case to March 2.

"Please make sure, most of what is expected is done. Communicate to the attorney general," the bench also comprising justices Manoj Misra and Aravind Kumar said.

Bhushan said at some point of time, the apex court will have to "crack the whip so to say, otherwise this will go on endlessly". He said on some recommendations for appointments and transfers, the government does not do anything.

Senior advocate Arvind Datar, appearing for one of the petitioners, told the bench that they have filed a chart containing details in four categories.

The first is about appointment of chief justices in high courts and in some cases appointment have been notified while in others, it is pending, he said.

"Some developments, but much more required," the bench observed. "Obviously, there is no rationale for a very long delay but state government's consent has to be obtained."

While hearing the matter on February 3, the top court had expressed displeasure over the delay in clearing recommendations for the transfer of high court judges, calling it a "very serious issue".

The attorney general had then assured the bench that the collegium's recommendation of December last year for the elevation of five judges to the apex court will be cleared soon.

On February 6, five judges — justices Pankaj Mithal, Sanjay Karol, P V Sanjay Kumar, Ahsanuddin Amanullah and Manoj Misra — were administered the oath of office as apex court judges.

On Monday, the top court got two more judges – Justices Rajesh Bindal and Aravind Kumar – who were sworn in by Chief Justice of India D Y Chandrachud, taking the number of judges in the apex court to its full sanctioned strength of 34.

During the earlier hearing in the matter on January 6, the government had told the apex court that all efforts were being made to "conform" to timelines laid down by the top court for processing the names recommended by the collegium for appointment of judges to constitutional courts.

The attorney general had told the apex court that the government will adhere to timelines and the recent recommendations made by the collegium for high courts have been processed with "utmost dispatch".

One of the pleas in the apex court has alleged "wilful disobedience" of the time frame laid down in its April 20, 2021, order to facilitate timely appointment of judges. In that order, the apex court had said the Centre should appoint judges within three-four weeks if the collegium reiterates its recommendations unanimously.