New Delhi: The Supreme Court has asked the Union government to not “selectively bypass” those recommended by the Supreme Court Collegium merely for their political connections or because they may have fought a case against the government in court, The Hindu has reported.
A bench of Justice Sanjay Kishan Kaul and Justice Sudhanshu Dhulai on November 7 told Attorney General for India R. Venkataramani that the government has to balance the fact that 40% of states are governed by opposition parties. “So there may be people holding law officers’ positions or having some association with these parties,” the bench said.
It added that some lawyers were recommended by the collegium who, despite not being politically active, have connections with the ruling or opposition parties.
Justice Kaul also held that the expertise of a criminal lawyer who has defended people against the government cannot be held against one.
“Pick-and-choose must stop,” Justice Kaul said.
Meanwhile, the Supreme Court recommended Delhi high court Chief Justice Satish Chandra Sharma, Rajasthan high court Chief Justice Augustine George Masih and Gauhati high court Chief Justice Sandeep Mehta for elevation as Supreme Court judges.
The question of the Union government’s treatment of the Supreme Court’s suggestions has been a sustained cause for tussle between the two.
In 2021, the apex court had ruled that the Union government was obligated to revert to the collegium within 18 weeks if it had any reservation to a name proposed for judgeship.
It has, since, repeatedly raised concerns about the Union government’s delays in deciding on numerous collegium recommendations.