“Supreme Court Move to Uphold Judicial Independence through Reiteration of Judge Appointments”

The Collegium of the Supreme Court

has expressed apprehension regarding the Centre’s disregard or non-approval of the candidates suggested for the position of judges. In a recent gathering, the Collegium consisting of Chief Justice of India DY Chandrachud, Justice SK Kaul, and Justice KM Joseph reaffirmed the recommendation of senior advocate Harpreet Singh Brar’s appointment as a judge of the Punjab and Haryana High Court. The Department of Justice had returned the earlier recommendation dated July 25, 2022, for the elevation of Brar after flagging certain issues. The Collegium requested updated information about Brar from the High Court Collegium, who once again endorsed his name on February 24.

The Supreme Court Collegium noted that Brar had wide-ranging experience of practice and reiterated his name. The Collegium emphasized that the recommendation should be promptly considered. Additionally, in a distinct decision, it reiterated the suggestion of appointing advocate R John Sathyan as a judge of the Madras High Court.

Sathyan’s name was recommended on February 16, 2022. On January 17 of this year, the Supreme Court Collegium reaffirmed the suggestion, disregarding the Intelligence Bureau’s opposition to his social media posts, including a critical remark about PM Narendra Modi.The Collegium had proposed the appointments of four district judges, namely R Sakthivel, P Dhanabal, Chinnasamy Kumarappan, and K Rajasekar, as judges of the Madras High Court.

The Supreme Court Collegium’s move is significant as it highlights the growing concern among the judiciary over the government’s interference in the appointment of judges. The independence of the judiciary is a cornerstone of democracy, and any attempt to undermine it can have far-reaching consequences.

The Constitution of India envisages a system of appointment of judges in which the judiciary plays a significant role. The Chief Justice of India and a collegium of four senior-most judges of the Supreme Court make recommendations for appointments to the higher judiciary. The government is expected to give due weightage to these recommendations while making appointments.

However, in recent years, there have been instances where the government has delayed or rejected the Collegium’s recommendations, leading to a showdown between the judiciary and the executive. The delay in appointments has resulted in a backlog of cases and a shortage of judges in various high courts.

The government’s interference in the appointment of judges is a matter of concern as it can compromise the independence of the judiciary. The judiciary must be free to make its decisions without any influence or pressure from the government. Any interference in the appointment of judges can undermine the faith of the people in the judiciary and erode the rule of law.

The recent move by the Supreme Court Collegium to reiterate the names of the recommended candidates is a significant step towards upholding the independence of the judiciary. The Collegium has made it clear that it will not back down in the face of government interference and will continue to recommend the best candidates for appointment as judges.

The role of judges is critical in upholding the rule of law and ensuring justice for all. Judges must be selected based on their merit, integrity, and impartiality. The judiciary must be free from any external influence or pressure to ensure that it can perform its duties without fear or favor.

The appointment of judges is not only about filling vacancies but also about maintaining the integrity and independence of the judiciary. The appointment process must be transparent and merit-based, and the government must act on the recommendations of the Collegium in a timely manner.

The independence of the judiciary is vital for the functioning of a democracy. The judiciary acts as a check on the powers of the executive and ensures that the rights of citizens are protected. Any attempt to undermine the independence of the judiciary can have severe consequences for democracy.

In conclusion, the Supreme Court Collegium’s move to reiterate the names of the recommended candidates for appointment as judges is a welcome step in upholding the independence of the judiciary. The government’s interference in the appointment of judges is a matter of concern and can compromise the integrity and independence of the judiciary.

It is essential to ensure that the appointment process is transparent and merit-based, and the government acts on the recommendations of the Collegium in a timely manner. The appointment of judges is not just about filling vacancies, but it is also about maintaining the integrity and independence of the judiciary, which is critical for the functioning of democracy. The judiciary must be free from any external influence or pressure to ensure that it can perform its duties without fear or favor.

The recent move by the Supreme Court Collegium sends a strong message that it will not back down in the face of government interference and will continue to recommend the best candidates for appointment as judges. It is crucial to uphold the independence of the judiciary to ensure that justice is served to all and the rule of law is maintained.