‘Show us why it is pending’: SC asks Centre for details on non-appointment of judges despite Collegium's recommendation

The Supreme Court Collegium is not a search committee whose recommendations can be stalled, the court said. (PTI Photo)

The Supreme Court on Friday asked the Centre to provide information about the numbers and names reiterated by the apex court Collegium for appointment as judges in higher judiciary along with the reasons why they were not considered so far and at what level they were pending.

The direction was passed by a bench headed by Chief Justice of India DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra while hearing a PIL seeking a direction that a time limit be fixed for the Centre to notify the appointment of judges recommended by the Supreme Court Collegium.

"The Supreme Court Collegium is not a search committee (for judges) whose recommendations can be stalled," the court said.

The bench asked Attorney General (AG) R Venkataramani, appearing for the Centre, to provide it with a list of names reiterated by the Collegium and say "why they are pending and at what level".

"If you can please make a list of the names reiterated and why it is pending and at what level it is pending... Show us why it is pending," the CJI said.

The bench said some appointments are now in the pipeline and "we expect it to come very early" before deferring the hearing at the request of the Attorney General.

The plea, filed by advocate Harsh Vibhore Singhal, also sought a direction to plug the 'zone of twilight' of there being no time for notifying the Collegium's recommendations for the appointment of judges to the higher judiciary.

The plea said that in the absence of a fixed period, "the government arbitrarily delays notifying appointments thereby trampling upon judicial independence, imperiling the constitutional and democratic order and disparaging the majesty and sagacity of the court".

Lawyer Prashant Bhushan referred to the name of senior advocate Saurabh Kirpal, who has not been appointed as a high court judge despite reiteration by the apex court Collegium.