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Withholding names of judges disturbs seniority: SC to Centre

Supreme Court Collegium has asked Centre to expedite pending appointments of judges without any delay.

The Supreme Court collegium has requested that the Centre expedite the pending appointments of judges, noting that concealing the names of judges disrupts the seniority of candidates.The Collegium, led by Chief Justice DY Chandrachud, recommended the appointment of four district judges as Madras High Court judges.

It suggested R Sakthivel, P Dhanabal, Chinnasamy Kumarappan, and K Rajasekar as candidates.The Supreme Court Collegium noted that “withholding or overlooking names that have been repeated disrupts the seniority of judges.” It also instructed the Centre to act expeditiously to clear pending appointments.

“In accordance with the memorandum of procedure, in order to determine the fitness and suitability of the above-named judicial officers for elevation to the high court, this collegium consulted the Supreme Court judges familiar with the affairs of the Madras High Court,” stated the resolution.

In addition, the Supreme Court reaffirmed its recommendation to appoint advocate Harpreer Brar as a High Court justice. The Supreme Court Collegium has reiterated its July 25, 2022 recommendation for the appointment of Brar to the High Court of Punjab and Haryana.

COLLEGE VERSUS CENTER

The recent recommendation by the SC Collegium comes at a time when the Supreme Court and central government have been regularly at odds over the appointment of judges. While the government pushes for a new system and reform in the appointment of judges, the Supreme Court desires the continuation of the collegium system.

One such instance is the delay in appointing the openly homosexual advocate Saurabh Kirpal to the Delhi High Court. Saurabh Kirpal is the son of former Indian Supreme Court Chief Justice B.N. Kirpal.

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According to a resolution uploaded to the Supreme Court’s website by the Collegium, the Centre has objected to Kirpal’s candidature on two grounds: first, that his companion is a Swiss national, and second, “his intimate relationship” and “his openness about his sexual preferences.”

Written by Ashish Ranjan

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