Judges selection: The Central government has returned the names of 10 judges recommended for elevation by the Supreme Court Collegium. The files were returned on November 25. The names include that of senior advocate Saurabh Kirpal, son of former Chief Justice of India BN Kirpal. According to sources some names that were reiterated by the Collegium have also been returned.
Earlier this month in an interview, Kirpal said he believed his elevation was disfavoured because of his sexual orientation. “The reason is my sexuality I don’t think the government necessarily wants to appoint an openly gay person to the bench,” Kirpal, 50, had said. His elevation is being stalled since 2017.
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Focus on the process of selection of judges
The present roadblock comes amid a fresh focus on the process of selection of judges for elevation, conducted by the Collegium of the Supreme Court.
On Monday evening, the Supreme Court expressed displeasure over the delay in Central clearance for judicial appointments.
“Once the Collegium reiterates a name, it is end of the chapter… It (the government) is crossing the Rubicon by keeping the names pending like this,” the court said. “Please resolve this and don’t make us take a judicial decision in this regard,” said the bench of Justices SK Kaul and AS Oka.
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It frustrates the whole system
“It cannot be that you can withhold names, it frustrates the whole system… And sometimes when you appoint, you pick up some names from the list and not clear others. What you do is you effectively disrupt the seniority,” the court added.
Union law minister Kiren Rijiju has made his stance on the matter clear, pointing out that prior to 1991, it was the government which picked judges. The current system was the outcome of a judicial order, which is “alien” to the constitution, he said.
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