Supreme Court Collegium sends recommendation for appointment of two judges to SC

 

There is a situation of conflict between the central government and the judiciary on the issue of appointment of judges.

The Supreme Court Collegium has sent its recommendation for the appointment of two judges to the Supreme Court. In this recommendation sent to the Center, a recommendation has been made to appoint Allahabad High Court Chief Justice Rajesh Bindal and Gujarat High Court Chief Justice Arvind Kumar as judges in the Supreme Court. Justice KM Joseph, who was included in the collegium, objected to the name of Gujarat High Court Chief Justice Arvind Kumar, saying that his name (of Chief Justice Arvind Kumar) can be considered later. On December 13, 2022, the Collegium appointed Chief Justice Pankaj Mittal of Rajasthan High Court, CJ Justice Sanjay Karol of Patna High Court, CJ Justice PV Sanjay Kumar of Manipur High Court, Justice Ahsanuddin Amanullah of Patna High Court and Justice Manoj Mishra of Allahabad High Court as Supreme Court judges. making was recommended. The Center has not yet approved his appointment.

 The Supreme Court Collegium consisting of CJI DY Chandrachud, Justice Sanjay Kishan Kaul, Justice KM Joseph, Justice MR Shah, Justice Ajay Rastogi, Justice Sanjiv Khanna has recommended that the need to ensure diversity and inclusion in the Supreme Court 
1. Representation of High Courts which are not represented or have insufficient representation in the Supreme Court;
(ii) appointment of persons from marginalized and backward sections of the society;
(iii) gender diversity; and
(iv) the representation of minorities has been made a criterion to 
give priority to the appointment of the five judges recommended for appointment on December 13.  

Significantly, there is a situation of conflict between the Central Government and the Judiciary on the issue of appointment of judges. Actually, the Supreme Court Collegium has sent a note to the Law Ministry. In this, the Center has been warned on the appointment of judges. In this note, it has been reminded that if the collegium reiterates the recommendation of the name to appoint a judge, then the government will have to give approval. On the other hand, Union Law Minister Kiren Rijiju has strongly objected to the Supreme Court making public the government's objections regarding the candidates recommended for judges. Last week, the Supreme Court Collegium, headed by Chief Justice of India DY Chandrachud, made public the government's objections to the elevation of three candidates for judgeship on the SC website.  

Speaking to reporters on the issue, the law minister had said, "The disclosure of secret and sensitive reports of RAW or IB is a matter of grave concern to which I will respond at an appropriate time." In fact, the government plays a big role in the appointment of judges. which has been the domain of the Supreme Court collegium or panel of senior-most judges since 1993. The government's argument is that the legislature is supreme because it represents the will of the people.