On other proposals for judges, Supreme Court Collegium looks at Govt concerns

On January 10, the Collegium reiterated its decision for the third time to appoint Nagendra Naik as judge of the Karnataka High Court. It is learnt that while one name from the Madras High Court has now been remitted back to the High Court, the SC Collegium has sought more inputs from the government and in some cases from the High Courts as well.

Sources told The Indian Express that the Supreme Court Collegium has also been accepting “positive reconsiderations” from the government since 2019 – where the government has sought reconsideration of a name initiated by the High Court Collegium but rejected by the Supreme Court Collegium.

It is learnt that for the first time on January 10, the SC Collegium changed its earlier decision on two names on the government’s request and recommended them as High Court judges.

As per the 1998 Third Judges case, which is the basis for the Collegium system of appointing judges, the government can seek reconsideration of a name recommended by the Collegium. The ruling says that if reiterated by the Collegium after reconsideration, the government is bound to appoint the person. The ruling does not envisage a situation where the government can seek a reconsideration of a name that is rejected by the Collegium.

“It was found that consultee judges had differences in opinions and the names were otherwise suitable. The Collegium has reconsidered it,” a government official said, confirming the new practice.