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TMI Blog2021 (4) TMI 1268X X X X Extracts X X X X X X X X Extracts X X X X ..... e names; and the second post the Collegium of the Supreme Court taking a call in recommending such of the names as are approved by the Collegium. Insofar as the Judiciary is concerned, the second stage after the recommendations are made by the Collegium of the High Courts is the time period taken by the Collegium of the Supreme Court in consulting the consultee Judge(s) to take a call on those names. It would be advisable to follow the timelines prescribed - application disposed off. - TRANSFER PETITION (CIVIL) NO.2419 OF 2019 - - - Dated:- 20-4-2021 - S.A.BOBDE, SANJAY KISHAN KAUL AND SURYA KANT, JJ. ORDER 1. The High Courts are in a crisis situation. There are almost 40% vacancies in the High Courts, with many of the la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the pipeline. We have opined that there is no such impediment to initiate a new process without waiting for the result of the earlier recommendations. 6. We had handed over a chart in the previous proceedings to the learned Attorney General of the names recommended from the High Courts which were still pending with the Government for more than six months, numbering 45. The last couple of weeks has seen progress in this behalf and those names have reached the Collegium. The second was the list of old proposals in pipeline pending with the Government of India after the Supreme Court Collegium recommendations numbering 10. These have been pending for considerable period of time. On the last date of hearing, the learned Attorney General ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 21) b. The Central Government can presume no objection of the State Government, if their views are not received within six weeks. (Cl. 21) c. No timeline prescribed for the Central Government to forward recommendations. d. The Chief Justice of India to send recommendations/advise to the Law Minister within four weeks. (Cl. 24) e. The Law Minister to put up the proposal to the Prime Minister within three weeks for advise of the President. (Cl. 24.1) 10. It was submitted that if this Court considers laying down timelines, it would be contrary to the observations made in the Third Judge s case (! 998) 7 SCC (Special Reference 1 of 1998). In para 31, the Court referred the Second Judge s case and observed as follows: 31. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... views from the State Government and the report/input from the IB. iii. It would be for the Government to thereafter proceed to make the appointment immediately on the aforesaid consideration and undoubtedly if Government has any reservations on suitability or in public interest, within the same period of time it may be sent back to the Supreme Court Collegium with the specific reasons for reservation recorded If the Supreme Court Collegium after consideration of the aforesaid inputs still reiterates the recommendation(s) unanimously (Cl. 24.1), such appointment should be processed and appointment should be made within 3 to 4 weeks. 12. We are conscious that the aforesaid exercise is collaborative in nature and we would expect prom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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