Lok Sabha Question No. 199 (STARRED), answered on 2023-12-15
Subject: Delay in Approval of Recommendations of High Courts Collegium
Ministry: LAW AND JUSTICE
Asked by: Vinayak Bhaurao Raut

## GOVERNMENT OF INDIA

## MINISTRY OF LAW AND JUSTICE

## DEPARTMENT OF JUSTICE

## LOK SABHA

## STARRED QUESTION NO.*199

## TO BE ANSWERED ON FRIDAY, THE 15.12.2023

## Delay in Approval of Recommendations of High Courts Collegium

## *199. SHRI VINAYAK RAUT:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a) whether the Government has taken cognizance of the pending recommendations  of  High  Courts  collegiums  for  the  appointment  of Judges during the last 10 months;
- (b) if  so,  the  details  of  the  steps  taken  to  expedite  the  process  for  speedy implementation along with reason(s) for the delay in the procedure;
- (c) whether the Government has taken measures to prevent the loss of talent in judiciary due to delay in approval of collegium recommendations;
- (d) if so, the details of  the remedial measures taken/proposed in this regard; and
- (e) if  not,  whether the Government has taken measures to compensate the appointees for this delay and if so, the details thereof?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS; AND MINISTER OF STATE IN THE MINISTRY OF CULTURE

## (SHRI ARJUN RAM MEGHWAL)

- (a) to (e): A statement is laid on the Table of the House.

Statement referred to in reply to parts (a) to (e) of Lok Sabha Starred Question No. 199 due for answer on 15.12.2023 regarding 'Delay in approval of Recommendations of High Courts Collegium'.

(a) to (e):As on 01.01.2023, 171 proposals received from High Court Collegiums  were  at  different  stages  of  processing.  During  the  calendar  year 2023, 122 fresh proposals were received.   Out of the total 293 proposals for consideration during the current calendar year, 110 Judges have been appointed and 60 recommendations were remitted to the High Courts on the advice of the SCC.  As on 12.12.2023, 123 proposals are at various stages of processing. Out of these 123 proposals, 81 proposals are at various stages of processing in the Government.42 proposals are under consideration with the SCC. Recommendations are yet to be received from High Court Collegiums in respect of the remaining 201 vacancies.

Judges  of  the  Supreme  Court  and  High  Courts  are  appointed  under Article  124,  217  and  224  of  the  Constitution  of  India  and  according  to  the procedure laid down in the Memorandum of Procedure (MoP) prepared in 1998 pursuant to  the  Supreme  Court  Judgment  of  October 6,  1993 (Second  Judges case)  read  with  their  Advisory  Opinion  of  October  28,  1998  (Third  Judges case). As per MoP, initiation of proposal for appointment of Judges in the High Courts vests with the Chief Justice of the concerned High Court. All the names recommended  by  High  Court  Collegium  are  sent  with  the  views  of  the Government to the Supreme Court Collegium (SCC) for advice. The Government appoints only those persons which are recommended by the SCC.

In order to make the Collegium system of appointments of Judges of the Supreme Courtand High Courts more broad-based, transparent, accountable and bringing  objectivity  in  thesystem,  the  Government  brought  into  force  the Constitution  (Ninety-Ninth  Amendment)  Act,2014  and  the  National  Judicial Appointments Commission Act, 2014 w.e.f. 13.04.2015.However, both the Acts were challenged in the Supreme Court. The Supreme Court videJudgment dated 16.10.2015 declared both the Acts as unconstitutional and void. The Collegium system as existing prior to  the  enforcement of the  Constitution  (Ninety-Ninth Amendment) Act,2014 was declared to be operative.

Subsequently, the Supreme Court vide order dated 16.12.2015directed the Government  to  finalize  the  existing  MoP  by  supplementing  it  inconsultation with the SCC taking into considerationeligibility criteria, transparency, establishment  of secretariat  and  mechanismto  deal  with  complaints.  The Government of India  after  due  deliberations,proposed  changes  in  the  existing MoP and the draft MoPs were sent to theHon'ble Chief Justice of India  vide letter  dated  22.03.2016.  Responses  ofSCCwere  received  on  25.05.2016  and 01.07.2016 and comments thereonwere conveyed to the Chief Justice of India on  03.08.2016.  The  SCC  provided  their  comments  on  the  views  of  the Government  on  draft  MoP  on13.03.2017.  The  stand  of  Government  with suggestions to resolve issues involved in appointment of Judges was conveyed to the Supreme Court vide letter dated 11.07.2017.In its recent communication dated 06.01.2023 to the Chief Justice of India, the Government has emphasized the need to finalize the MoP in view of various judicial pronouncements andto consider  various  suggestions  sent  by  the  Government  from  time  to  time  for making the system of appointment of judges to the Constitutional Courts more transparent, fair, representative and accountable.

Appointment of the Judges of the Constitutional Courts is a continuous, integrated and collaborative process between the Executive and the Judiciary. It requires consultation and approval from various constitutional authorities both at state and central level. While  it is of utmost importance  that the appointments are made expeditiously, at the same time it is also important to ensure  that  only  the  most  suitable  candidates  are  appointed  as  Judges  in  the High Courts under the collaborative process.

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