As govt sits on collegium proposal, lawyer withdraws nod to be judge

It is learnt that Sondhi has written to Chief Justice of India N V Ramana, who heads the Supreme Court collegium, withdrawing his consent.

Sondhi, a graduate of National Law School of India University, in Bengaluru, was the Additional Advocate General under the Congress-led Karnataka government in 2016.

He was first recommended by the collegium on February 4 last year; his name was reiterated on August 24, 2021. The second reiteration was made on September 1, 2021.

Along with Sondhi, the recommendation of advocate Nagendra Ramachandra Naik is also pending, despite reiteration by the collegium. Naik, a senior advocate originally from Bhatkal in Karnataka, was a CBI counsel appointed by the UPA government at the Centre. The collegium first recommended him on October 3, 2019, along with eight other advocates. While the government appointed seven from the list, Naik’s recommendation is still pending.

The collegium then reiterated its recommendation on March 2, 2021 and again on September 1, 2021.

Conventionally, the government is bound to accept the collegium’s recommendation if the decision has been reiterated.

While the MoP does not specifically talk about reiteration of the collegium recommendations, it says that “the Union Minister of Law, Justice and Company Affairs, would then put up as early as possible, preferably, within 3 weeks, the recommendation or the Chief Justice of India to the Prime Minister who will advise the President in the matter of appointment.”

The 1998 ruling, popularly referred to as the Third Judges case, held that the court will have the final say in judicial appointments.