Judges appointment: Supreme Court Collegium expresses displeasure over Centre withholding reiterated recommendations

The Supreme Court Collegium has expressed strong displeasure over the Central government withholding certain names, which were recommended earlier for elevation, while selectively approving some recent names.

During its March 21 meeting, the Collegium, comprising Chief Justice of India D.Y. Chandrachud, Justice Sanjay Kishan Kaul and Justice K.M. Joseph, expressed ‘grave concern’ on the Central government overlooking certain reiterated recommendations made by the Collegium, while approving the new ones.

The Collegium passed a resolution, stating that the names which had been recommended earlier in point of time including the reiterated names ought not to be withheld or overlooked as this disturbed their seniority, whereas those recommended later would steal march on them.

It further said that loss of seniority of candidates recommended earlier in point of time has been noted by the Collegium, which was a matter of grave concern.

Mentioning the case of Advocate John Sathyan, whose name was not approved by the Union government for appointment as Madras High Court judge, despite the Collegium having reiterated his recommendation on January 17, the meeting noted that although the Collegium had specifically stated that Sathyan should be given precedence over other names which have been recommended for the first time, the Centre ignored this and notified the appointments of later proposals, including the controversial appointment of Justice L. Victoria Gowri.

The Central government had objected to Sathyan’s appointment on the grounds that he had shared an article, which was critical of Prime Minister Narendra Modi. This objection was overruled by the Collegium, which found Sathyan to be a suitable candidate.

The Collegium on March 21 proposed elevation of four judicial officers to the Madras High Court.

The Collegium resolved to recommend that S/Shri (i) R Sakthivel, (ii) P Dhanabal, (iii) Chinnasamy Kumparappan and (iv) K Rajasekar,

It proposed the names of R Sakthivel, P Dhanabal, Chinnasamy Kumparappan and K Rajasekar for elevation as Judges of the Madras High Court.