Lok Sabha Question No. 3570 (UNSTARRED), answered on 2018-08-08
Subject: Collegium System
Ministry: LAW AND JUSTICE
Asked by: SHASHI THAROOR, RAMACHANDRAN MULLAPPALLY

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA UNSTARRED QUESTION NO. 3570

## TO BE ANSWERED ON WEDNESDAY, THE 08.08.2018

## Collegium System

3570. DR. SHASHI THAROOR: SHRI MULLAPPALLY RAMACHANDRAN

Will the Minister of LAW AND JUSTICE be pleased to state: (a)  the  total  number  of  recommendations  from  the  collegium  of  the Supreme  Court  for  appointment  of  judges  to  the  higher  judiciary, which is still pending with the Government since May, 2014 including the names of the persons recommended and the corresponding date of such recommendations; (b)  whether  any  of  the  names  were  sent back  to the  collegium for reconsideration and if so, out of such names  sent back for reconsideration,  the  number  which  were  reiterated  by  the  Supreme Court collegium including the name of such persons and the dates on which the collegium reiterated their recommendation; (c) whether the Government is taking steps to dispose off all pending recommendations  for  appointment  to  the  higher  judiciary,  in  a  time bound  manner,  if  so,  the  details  thereof  and  if  not,  the  reasons therefor; and change  in  the Collegium System on appointment of judges in higher courts of the

- d) whether  the  Government  is  considering  any country?

## ANSWER MINISTER OF STATE FOR LAW AND JUSTICE AND CORPORATE AFFAIRS (SHRI P.P. CHAUDHARY)

(a) to (d): Filling up of vacancies in the High Courts is a continuous and collaborative process of the Judiciary and Executive involving various Constitutional Authorities. Hence, the precise time frame for filling up the  post  of  Judges  of  Supreme  Court  and  High  Courts  cannot  be indicated.

No  recommendations  of  the  Supreme  Court  Collegium  for  the year 2014 is pending with the Government of India. For the year 2015, the  Supreme Court Collegium has conveyed on 1 st August,  2018  for remitting  two names recommended by the Allahabad High Court back to   the  Chief Justice of Allahabad High Court.

The Collegium System of appointment of Judges of the Supreme Court and High Courts ceased to exist consequent upon the coming into force of the Constitution (Ninety-Ninth Amendment) Act, 2014 and the National  Judicial  Appointments  Commission  Act,  2014  w.e.f. 13.04.2015. The Constitution validity of both the Acts was challenged in the Supreme Court. During the period when the relevant case was pending,  only  those  Additional  Judges  whose  terms  were  expiring were given extension of service.

The Supreme Court of India vide order dated 16.10.2015 struck down  both  the  Acts  as  unconstitutional  and  void  and  the  Collegium System  as  existing  prior  to  the  enforcement  of  both  the  Acts  was declared to be operative.

Subsequently,  the  Supreme  Court  of  India  vide  order    dated 16.12.2015 regarding improvement in the 'Collegium System', directed the  Government  to  finalize  the  existing  Memorandum  of  Procedure (MoP)by  supplementing  it  in  consultation  with  the  Supreme  Court Collegium, taking into consideration factors such as eligibility criteria, transparency,  establishment  of    secretariat  and  mechanism    to  deal with  complaints.

As the process of finalizing the supplementation of the existing Memorandum of Procedure (MoP) was likely to take some time, at the initiative of the Government, the matter of continuing the   appointment process  was  taken  up  with  Supreme  Court,  and  appointments  of Judges in the Supreme Court and the High Courts  are being made in accordance with the existing MoP.

The  details  of  the  appointments  made  in  the  Supreme  Court and High Courts  are given below:-

| Position on Appointments in Supreme Court & High Courts   |   Position on Appointments in Supreme Court & High Courts |   Position on Appointments in Supreme Court & High Courts | Position on Appointments in Supreme Court & High Courts   |
|-----------------------------------------------------------|-----------------------------------------------------------|-----------------------------------------------------------|-----------------------------------------------------------|
|                                                           |                                                      2016 |                                                      2017 | 2018                                                      |
| Judges appointed in the Supreme Court                     |                                                        04 |                                                        05 | = 04                                                      |
| Appointment of Chief Justices                             |                                                        14 |                                                        08 | = 15                                                      |
| Judges appointed in the High Courts                       |                                                       126 |                                                       115 | = 36                                                      |
| Additional Judges made Permanent in High Courts           |                                                       131 |                                                        31 | = 70                                                      |

At  present,  143  names  recommended  by  the  High  Court Collegium have been submitted and pending with the Supreme Court Collegium. Further, 5 names  recommended  by Supreme Court Collegium  have  been  referred  back  by  the  Government  to  Supreme Court  for  reconsideration  and  27  proposals  including  those  names reiterated  by  Supreme  Court  Collegium  are  under  various  stages  of processing with the Government, as per the procedure prescribed in the MoP.

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