Context:
The affirmation from the Center to the Supreme Court regarding the imminent notification of appointment of Chief Justice (CJ) of the Manipur High Court is a positive development. Indicating a more cooperative stance towards Collegium recommendations, the Center has submitted 70 names endorsed by constitutional authorities from various states for High Court judge appointments.
Relevance:
GS2- Polity
Mains Question:
“The Centre should stick to timelines to avoid friction with the Collegium.” Highlighting the conflicting areas between the government and collegium, suggest an effective way forward strategy. (15 marks, 250 words).
Government vs Collegium conflict continues:
Delay in appointment:
The delay in confirming the Justice’s appointment seems to have stemmed from the State government’s time-consuming evaluation of the proposal. Despite the Collegium recommending his name on July 5, the delay was notably unusual.
Transfer Orders:
The Collegium has also proposed transferring Justice currently the Acting CJ in Manipur, to the Calcutta High Court. The Collegium rejected his plea to either stay in Manipur or return to his home court, the Madras High Court, just a few days ago. The notification of this transfer remains pending.
Ignoring Collegium’s recommendations:
The Court has been vocal about the Center’s selective approach to Collegium recommendations, instances of names being sent back despite reiterated endorsement, and the government’s tendency to overlook certain Collegium decisions. For instance, the government ignored the recommendation to transfer Justice T. Raja from Acting CJ in Madras to the Rajasthan High Court until his retirement.
Way Forward:
The ongoing conflict between the government and the Collegium over the appointment process is evident and often escalates. There is a pressing need to streamline the process, aligning with the Supreme Court’s April 2021 directive that set timelines for the government to process Collegium-recommended names and express reservations if any. Once the Collegium reiterates a recommendation, it should be implemented within three to four weeks.
Conclusion:
Despite the flaws in the Collegium process, undermining the legal stance that a reiterated decision is binding on the government does not bode well for the institution.
