Supreme Court Stays By Its Recommendations For Collegium

New Delhi: The Supreme Court on Friday said that its collegiums has reiterated 43 names that were earlier recommended by it for appointment of judges to High Courts but were returned to it by the government for reconsideration.

These 43 names were part of 77 names recommended by the collegiums for appointment as judges in High Courts. While returning 43 names, the government had cleared 34 names.

“We (the Collegium) have already met. We have reiterated all the 43 names sent to us,” the bench of Chief Justice T.S. Thakur and Justice Anil R. Dave told Attorney General Mukul Rohatgi in a brief hearing.

Attorney General Rohatgi said that he was not aware of it.

The reiteration of 43 names by the collegium has apparently put the government in a bind as under the prevailing Memorandum of Procedure (MoP), it was binding on the government to make the appointment of judges if the collegium reiterates its recommended names.

The government has said that until new MoP is put in place, the appointment of judges to higher judiciary would be on the basis of existing MoP.

The top court’s constitution bench, after striking down the National Judicial Appointments Commission, had asked the government to prepare a new MoP laying down transparent procedure for the appointment of judges.