Turf war between Government and Judiciary witnesses a showdown in Supreme Court

The ongoing turf war between the Government and the Judiciary witnessed a showdown at the Supreme Court when the Center took the Collegium head on for recommending few names to fill up massive vacancies in the High Courts.

The bench was hearing a matter related to the vacancy of judges in High Courts in the Northeastern states after a petition was filed by a man seeking a transfer of his case from the Manipur High Court to Gauhati High High Court. During the hearing, AG Venugopal referred to a resolution where the Collegium recommended that Justice Serto should continue operating from the Gauhati high Court despite being appointed to the Manipur High Court and remarked that it was “very strange”. “That time, only two judges were there in Manipur High Court. It should not have been said that he (Justice Serto) would continue in Gauhati High Court. It was necessary to bring him back to Manipur High Court,” he said. The bench replied, “maybe the Collegium does not want to get him back to Manipur. We do not know.”

“I don’t know, I will have to find out,” said Attorney General KK Venugopal when the Bench inquired how many names recommended by the Collegium were pending with the government to which the bench retorted, “when it comes to the government, you say ‘we will find out'”.

- Advertisement - - Article resumes -

The Attorney General said, “The Collegium will have to see the broad picture and recommend more names,” before adding, “some high courts have 40 vacancies and recommendation of the Collegium is only for three. And the government is being told that we are tardy in filing up the vacancy”.

The most recent source of conflict between the two pillars of democracy was the recommendation of the Collegium to elevate Justice Joseph to the Supreme Court. According to reports, the Collegium had deferred the decision on reconsidering Justice Joseph’s elevation to the Supreme Court after the government sent it back. Reports had emerged which quoted a source stating that the Collegium was of the view that it will “not send any other names for elevation to the Supreme Court, at least until as long as this Collegium is in place” if the Center did not approve Justice Joseph’s recommendation by the Collegium.

The Center is, however, of the view that Justice Joseph’s elevation would give “seniority and regional representation a go-by.” Justice Joseph features quite low on the seniority list of High Courts Judges and there is already another judge at the Supreme Court who hails from Kerala and is a member of the Christian community. As was decided in Second and Third Judges Cases, these factors contribute towards elevation to the Supreme Court. The Center claims that it duly followed the Memorandum of Procedure (MoP) which was finalized by the Collegium on March 13, 2017. The MoP said in paragraph 5, “In case of elevation of a chief justice of an HC or a judge of the HC as a judge of the Supreme Court, a fair representation shall be given to all HCs. The criterion of ‘seniority’ as an HC judge, subject to merit and integrity, will be followed.”

In a letter to CJI Dipak Misra in April, Justice Kurian Joseph accused the government of abusing its power and sitting on the recommendations of the Collegium for months. “Failure to discharge their duty by sitting over on the recommendations of the Collegium doing nothing, in administrative law, is an abuse of power. More than anything else, it sends a wrong message which is loud and clear to all Judges down the line not to cause any displeasure to the Executive lest they should suffer. Is this not a threat to the independence of the judiciary,” he wrote in his letter.

The primary conflict between the Legislature and the Judiciary arose when the NJAC which was passed by the Parliament and State Assemblies was struck down by the Supreme Court to continue the Judiciary’s monopoly over the appointment of Judges to the Courts. At one point during the showdown, Mr Venugopal remarked jocularly, I think NJAC was a better option to have.” It is still unclear, meanwhile, how the current predicament will be resolved.


Share This Post and Support:
We need your support to survive in the media industry. Please consider paying us for the content we produce:

To know more about these payments, please click here.


Most read articles recently

Days after Pulwama attack, Kamal Haasan toes the Pakistan line

Kamal Haasan demands ‘referendum’ in Kashmir, terms Pakistan Occupied Kashmir as ‘Azad Kashmir’

Days after Pakistan sponsored Pulwama attack, Kamal Haasan has echoed the sentiments of terrorist state Pakistan when he sought a 'referendum' in Jammu and Kashmir
How Ravish Kumar and Vinod Dua misled people about ‘martyr status’ to CRPF jawans after Pulwama attack

How Ravish Kumar and Vinod Dua misled people about ‘martyr status’ to CRPF jawans

Ravish Kumar of NDTV is a man known for many lows. But this may well be his lowest point.

The Hindu not only cropped the Rafale dissent note, but also had digitally manipulated it

Comparison of Hindu document with ANI document shows that Hindu had doctored the Rafale dissent note

Man whose number was made public by Barkha Dutt for stalking, claims he is getting threatening calls, says didn’t abuse Barkha

In her tweet, Barkha demanded the Home Minister of the country, Rajnath Singh, himself intervene in the matter which is routinely dealt with by local Police.

Kavita Krishnan uses 4 year old photograph to claim PM Narendra Modi was laughing after Pulwama attack

Using a old photo, Kavita Krishna claimed the Modi was having fun at election rallies after Pulwama attack

Meet the people whose main concern is if Modi may ‘benefit’ due to terror strike, not tears of martyrs’ families

While the Country held its breath and read gut-wrenching stories of the Jawans martyred in the Pulwama attack, the 'liberals' were more concerned about politics than the tears of the martyr's families.

Pakistan quotes The Quint, Karan Thapar and Praveen Swami to brand Kulbhushan Jadhav as a ‘RAW spy’ at ICJ

Pakistan quoted several articles published in Indian to present its case during Kulbhushan Jadhav hearing at the International Court of Justice

JNU ‘student’ who was accused of stealing funds in Kathua case found spreading rumours about Kashmiri girls trapped in Uttarakhand

CRPF also issued a notice that certain 'miscreants' on social media are spreading rumours and hate on social media

Imran Khan’s deranged statement on Pulwama terror attack tailor-made to appeal to Indian ‘liberal’ sensibilities

In his statement on the Pulwama terror attack, Imran Khan claimed that his country had nothing to gain from attacking India. Apart from that, he threatened India with retaliation should the Indian Army decide to attack Pakistan.

Pakistan funded Islamic terrorist blows up 300 kgs of IED, actor brings ‘Hindu right wing’ argument to shield Pakistan

Jaaved Jaaferi refuses to hold Pakistan accountable for the attack, instead equates Hindus with Jaish Terrorists.

Latest articles

Connect with us

137,465FansLike
110,336FollowersFollow
23,108SubscribersSubscribe

Don't miss these