Govt said no but SC firm, sends back names for Allahabad HC

The collegium decision, sources told The Indian Express, was conveyed to the government a few days ago.

Written by Maneesh Chhibber | New Delhi | Updated: April 25, 2017 8:13 am
Allahabad High Court, Supreme Court, Supreme Court collegium, J S Khehar, modi government, Memorandum of Procedure, indian express news, india news The Supreme Court. (File Photo)

In an unprecedented move, the Supreme Court collegium headed by Chief Justice of India (CJI) J S Khehar has reiterated all 19 names for elevation to the Allahabad High Court that the Centre had earlier rejected — not once but twice.

The collegium decision, sources told The Indian Express, was conveyed to the government a few days ago.

It will be interesting to see what view the Centre takes to this stand.

These names were part of the 30 recommended by the collegium of the Allahabad High Court last year. Of those, the government, after receiving clearance of the Supreme Court, had processed the names of 11 and sent back 19 to the collegium for reconsideration.

However, the SC collegium, headed by then Chief Justice of India (CJI) Tirath Singh Thakur, reiterated the names. But, in an unusual move, the Narendra Modi government rejected all the names and sent them back to the SC collegium.

The refusal of the Modi government to process the appointments as reiterated by the SC collegium had resulted in a major flash-point between the Centre and the SC, with the SC also taking a strong note of the government’s adamant attitude.

Under the existing Memorandum of Procedure (MoP), the Central government has to accept the names recommended by the SC collegium if the same are reiterated. But, in this case, the Centre expressed its reluctance to do so.

Sources said the reason behind the Centre’s reluctance was the fact in almost all the 19 names, there were inconsistencies in the view of the collegium and that of consultee judges — judges who have served in the Allahabad High Court and whose views about the candidates were sought by the CJI.

In several cases, even though the consultee judges had opposed the candidature, the SC collegium had decided to ignore the same and had gone ahead with the recommendation.

Sources told The Indian Express that the view of the collegium is that the consultation with judges is a way to broad-base the consultation process but these views are not binding upon the collegium.

Allahabad High Court, the country’s biggest high court, has the distinction of having almost 50 per cent posts of judges vacant. With a sanctioned strength of 160 judges — 76 permanent and 84 additional judges — the High Court is currently functioning with just 84 judges.

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  1. S
    Samaritan
    Apr 25, 2017 at 2:08 pm
    WHAT EVER SYSTEM IS BEING FOLLOWED FOR APPOINTING JUDGES, IS NOT APT IS OBVIOUS FROM THE BEHAVIOUR OF SOME JUDGES PRESENT AND PAST and MANY OF THE QUESTIONABLE JUDGEMENTS IN THE PAST & PRESENT. SO, DEFINITELY IT SHOULD BE MORE TRANSPARENT AND MUST BE DONE BY A COMMITTEE OF KNOWN EMINENT PATRIOTS WHO ARE NOT CONNECTED WITH JUDICIARY. THE COMMITTEE SHOULD SPELL OUT IN WRITING AS TO WHY THEY CHOSE THE CHOSEN AND WHY THEY REJECTED THE REJECTED.
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    1. S
      S.Nagaraja Rao
      Apr 25, 2017 at 12:53 pm
      It is sorry to note the PM who wants to set new norms in his rule or governanace is causing hindrance in the appoinrment of judges to Allahabad High Court. Then where is independence of the judiciary. He too wants the judiciary to lie low & follow the dictates of the ruling party.Then the BJP can not claim to be different from UPA or Congress rule. It is sorry to note, the Supreme court judge has to shed tears in the open meeting. When govt wants to expedite cases in various courts in the coutry, it must expedite the appoinement of judges on top priority. Give a free hand to judiciary. It is one of the pillars of democracy. In the present situation the people believe/have faith more in Judiciary than CBI, ED, Income tax or its executives/bureacrates..
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      1. S
        Sham
        Apr 25, 2017 at 12:51 pm
        The SC has a very agressive stand with respect to the appointment of the judges, whereby the arguments of the Central Government are more logical. SC has made this a prestige issue & is definitely not in the interest of the country. I did not find a single democratic country in the world, where the government & the parliament do not have a say in the appointment of judges.
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        1. T
          Tushar
          Apr 25, 2017 at 1:34 pm
          They have say.they can suggest .but final decision will b from the collegium .that's wot is followed by every country ..Government is not an independent body
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        2. K
          krish
          Apr 25, 2017 at 12:24 pm
          A notorious rowdy sheeter Naga from Bangalore is a fugitive accused a judge of lower court has taken money to get the judgement in his favor. The same is over ruled at higher court. This is happening all over India. Is it not the right time for SC to come clean on their appointments? If they want to continue on collegium system, then show some measure of transparency and accountability
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          1. P
            Pk Sharma
            Apr 25, 2017 at 12:07 pm
            आपकी हर समस्या दूर हो आपके हर काम सफल हो यही मेरी प्राथना होगी जय माता दी जहां मन करे वहा काम करवाओ काम न हो हमारे पास आओ 91-9829810409 1 call aapka jivan badal sakta h whatsapp & CONTECT- 91-9829810409astrologer
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            1. A
              Ashish Biswas
              Apr 25, 2017 at 11:57 am
              The Modi government has a very able legal advisor of caliber and astute in Arun Jetly. Admancy by Supreme Court is in poor taste. The elected government must stand firm on judiciary.
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              1. T
                Tushar
                Apr 25, 2017 at 1:40 pm
                😂😂😂 Arun jaiyley is the biggest scamsters in current NDA .he escappoed narrowly as the proof n evidence where destro by grabbing it from.khejris office through a CBI raid ..Don't joke with ur ignorant brain ... And stop talking like a m intellectual without basic knowledge
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              2. V
                Valentin C
                Apr 25, 2017 at 11:54 am
                The same collegium system appointed Karnan as a HC judge. And look at the way things have unfolded. The collegium system does not maintain any minutes of its discussion, which is one of the objections of J.Chelemeshwar, who refused to attend the collegium sittings. Wonder if the system is still continuing. If not, the SC can give reasons as why it is so adamant on the judges being appointed even after fellow judges have opposed their candidature. Probity should start at home.
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                  Ashish Biswas
                  Apr 25, 2017 at 11:37 am
                  The elected government is Supreme in democracy. Supreme cannot be adamant . The Highest court must resolve the issue with the government. It is childish for the Supreme Court to show adamacy. Not expected.
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                  1. M
                    manu
                    Apr 25, 2017 at 12:01 pm
                    So you want to destroy the independence of Supreme Court too?
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                    1. T
                      Tushar
                      Apr 25, 2017 at 1:42 pm
                      SC is the authority regarding the appointment ..government has to keep on dreaming to fill their men I'm the list
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                    2. N
                      Naren
                      Apr 25, 2017 at 11:26 am
                      Rule of Law
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