A petition was filed on Monday seeking a direction to the Centre to immediately notify all recommendations for appointment of judges that have been sent it by the Supreme Court Collegium.
The petition filed by NGO, Centre for Public Interest Litigation (CPIL) through advocate Prashant Bhushan also sought notification of appointment of those whose recommendations has been pending with the government for more than six weeks.
The Centre’s act of not notifying the names that have either been recommended more than six weeks back or have already been reiterated by the collegium is violative of the Supreme Court verdict, stated the PIL.
The petition contended that it has been settled by the top court that if the Supreme Court Collegium sends its recommendations to the Centre, the government may send the name back for reconsideration by the Collegium. However, if the collegium reiterates its recommendation unanimously, the President is bound to issue the warrant of appointment.
“The facts not only show complete disregard of the law so declared by this curt but also a virtual breakdown of the consultative process thereby diminishing if not destroying the primacy of the Chief Justice of India with regard to appointment in the manner laid down in the judgment.
“The picture that emerges reflects an extremely sorry state of affairs with regard to appointments and transfers of judges to the higher Judiciary thereby seriously eroding the Independence of the Judiciary and violating the Basic Structure of the Constitution,” added the plea.
