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Editor's Pick: Judiciary is losing talent as government sits on names: Supreme Court

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Wed, Sep 27, 2023 11:42 AM

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The government takes months to decide on appointments of prospective candidates shortlisted for judg

The government takes months to decide on appointments of prospective candidates shortlisted for judgeships in High Courts as a result of which the Indian judiciary is losing fresh talent as never before, the Supreme Court said on Tuesday. Many judicial practitioners have fallen victim to segregation of names by the government, who seemingly prefer one name to the other for unknown reasons, a Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said. Justice Kaul also drew Attorney General R. Venkataramani’s attention to 70 names, recommended for judgeships by the High Court Collegiums, which have been pending with the government for over 10 months, since November 2022. The Attorney General was appearing for the Centre. The government has also not responded to 26 transfers recommended by the Supreme Court Collegium, Justice Kaul said. No decision has been made on nine fresh recommendations made by the Collegium for appointments to High Courts, and seven other names reiterated by the Collegium for appointment to various High Courts. The appointment of permanent judges of High Courts in India includes a number of steps involving the judiciary as well as the legislature. When a vacancy is expected to arise, the Chief Justice of the court sends their recommendation to the Chief Minister of the State. The Chief Minister can also send their recommendations for the post to the Chief Justice. The Governor of the State, who is kept in the loop throughout the process, sends the finalised recommendations to the Law Minister of the country. After analysis, the Law Minister forwards the recommendations to the Chief Justice of India for advice, who is in turn advised by the two seniormost judges of the Supreme Court. Upon receiving the CJI’s recommendations, the Law Minister consults the Prime Minister who advises the President of India in the matter of appointment. It must be noted that the Department of Justice lists specific time periods for the completion of these steps. Attorney General Venkataramani has asked for a week’s time to update on the status of pending recommendations. The next hearing is scheduled for October 9. The Hindu’s Editorials Identity pangs: On Aadhaar and concerns Dramatic shift: On the AIADMK snapping ties with the BJP The Hindu’s Daily News Quiz Which political party on Monday exited NDA after its ties with BJP turned bitter? JD(S) Shiv Sena TMMK AIADMK To know the answer and to play the full quiz, click here. [logo] Editor's Pick 27 September 2023 [The Hindu logo] In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [Arrow] Open in browser [Mail icon] More newsletters Judiciary is losing talent as government sits on names: Supreme Court The government takes months to decide [on appointments of prospective candidates]( shortlisted for judgeships in High Courts as a result of which the Indian judiciary is losing fresh talent as never before, the Supreme Court said on Tuesday. Many judicial practitioners have fallen victim to segregation of names by the government, who seemingly prefer one name to the other for unknown reasons, a Bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia said. Justice Kaul also drew Attorney General R. Venkataramani’s attention to 70 names, recommended for judgeships by the High Court Collegiums, which have been pending with the government for over 10 months, since November 2022. The Attorney General was appearing for the Centre.  The government has also not responded to 26 transfers recommended by the Supreme Court Collegium, Justice Kaul said. No decision has been made on nine fresh recommendations made by the Collegium for appointments to High Courts, and seven other names reiterated by the Collegium for appointment to various High Courts. The appointment of permanent judges of High Courts in India includes a number of steps involving the judiciary as well as the legislature. When a vacancy is expected to arise, the Chief Justice of the court sends their recommendation to the Chief Minister of the State. The Chief Minister can also send their recommendations for the post to the Chief Justice. The Governor of the State, who is kept in the loop throughout the process, sends the finalised recommendations to the Law Minister of the country. After analysis, the Law Minister forwards the recommendations to the Chief Justice of India for advice, who is in turn advised by the two seniormost judges of the Supreme Court. Upon receiving the CJI’s recommendations, the Law Minister consults the Prime Minister who advises the President of India in the matter of appointment. It must be noted that the Department of Justice lists specific time periods for the completion of these steps. Attorney General Venkataramani has asked for a week’s time to update on the status of pending recommendations. The next hearing is scheduled for October 9. The Hindu’s Editorials [Arrow][Identity pangs: On Aadhaar and concerns]( [Arrow][Dramatic shift: On the AIADMK snapping ties with the BJP]( The Hindu’s Daily News Quiz Which political party on Monday exited NDA after its ties with BJP turned bitter? - JD(S) - Shiv Sena - TMMK - AIADMK To know the answer and to play the full quiz, [click here.]( [Sign up for free]( Today’s Best Reads [[Are NFTs still as valuable as they used to be? | Explained] Are NFTs still as valuable as they used to be? | Explained]( [[India ‘takes great care’ ensuring steady ties with Russia are in good shape: EAM Jaishankar] India ‘takes great care’ ensuring steady ties with Russia are in good shape: EAM Jaishankar]( [[The Mylapore building and the birth of Indian National Congress] The Mylapore building and the birth of Indian National Congress]( [[Pakistan’s internal challenges, shifting dynamics] Pakistan’s internal challenges, shifting dynamics]( Copyright @ 2023, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( Manage your newsletter subscription preferences [here]( If you do not wish to receive such emails [go here](

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