NGO Urges SC to Address Lawyers Declining HC Judge Posts Over Delays, Segregation

Rapid Summary

• The Campaign for Judicial Accountability and Reforms (CJAR), an NGO advocating judicial clarity, has urged the Supreme Court to resume hearings on delays and segregation of names recommended by the Collegium for High Court judgeships.
• Advocates Swetashree Majumder and Rajesh Datar recently withdrew thier consent to proposed judgeships due to government inaction:

– Majumder: Recommended a year ago for the Delhi High Court Bench; her name was delayed without explanation.
– Datar: Segregated from appointment lists; his juniors were promoted while his candidacy stagnated despite approval by the Collegium months earlier.

• Similar instances were highlighted, including senior advocate Aditya Sondhi’s stalled appointment in 2022.
• Former Justice Sanjay Kishan Kaul previously criticized government delays, citing loss of judicial talent as detrimental to public interest.
• CJAR emphasized that meticulous candidate evaluations by the Collegium are rendered ineffective if appointments face unexplained resistance or “pick-and-choose” tactics by the Union government.
• A case concerning timely judicial appointments and challenging unilateral segregation of Collegium recommendations has been pending in the apex court as February 2019.
• CJAR called for urgent Supreme Court intervention, claiming such delays jeopardize judicial independence.

Photo Credit: Getty Images/iStockphoto

Indian Opinion Analysis

The issue highlights ongoing tensions between India’s judiciary and executive regarding high-stakes judicial appointments. The unexplained delay or modification of recommendations from the Supreme court Collegium undermines not only individual candidates but also institutional credibility. This could have long-term implications on attracting qualified legal professionals to judiciary roles if repeated instances discourage future aspirants.

Additionally, this stalemate affects critical functioning within courts facing vacancies, possibly delaying justice delivery-a cornerstone principle of democracy. The pending litigation as 2018 further underscores systemic inertia surrounding this issue.

Urgent action is warranted both at political and judiciary levels to uphold procedural transparency while ensuring timely deliberations on crucial matters impacting India’s legal framework.

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