A bench of Justices Sanjay Kishan Kaul and AS Oka noted that the government was sending back names of even those candidates already reiterated by the Collegium after the government’s first round of objection.
“Twenty-two names have been sent back by the Central government and some reiterated (names) have been sent back and some of those sent back are even reiterated for the third time and some are ones which Centre feels we should consider it though not cleared by us,” the bench remarked.
Such delay by the government in clearing names has led to meritorious lawyers not giving their consent to become judges.
“Names cleared by us are put on the website and then it is not cleared. It has some impact,” said Justice Oka.
“One I know withdrew because there was delay with centre and other withdrawn because it was pending with collegium,” Justice Kaul said.
My concern is are we creating an environment that meritorious people are hesitant to give consent, he added.
The bench underscored that the government cannot sit on Collegium recommendations without taking any decision for the fear that the Collegium would reiterate the recommendation even if the file is sent back by the government.
“Sending back reiterated names by Centre is a matter of concern. Government might have apprehensions but names cannot be kept on hold without sending us some comments in the fear that we will reiterate. Once we reiterate I don’t see any problem in clearing the appointment,” the Court said.
The bench also highlighted that judges decide cases irrespective of political considerations and cited the example of Justice VR Krishna Iyer in this regard.
“We praise Justice Krishna Iyer as a great contributor and see where did he come from. When we become judges we do our duty irrespective of political considerations at all,” Justice Kaul remarked.
Justice Krishna Iyer was a minister in Kerala and affiliated to the left regime in the State when he was a lawyer.
Source: Barandbench
