In a record achievement, four judges of Supreme Court took oath within 48 hours of their names being recommended by the Collegium to the Centre. Chief Justice of India Ranjan Gogoi, heading the SC Collegium was himself "shocked" by the fast-paced development. However, the CJI used the occasion to remind the Centre that 40 recommendations made by the Collegium in the past to appoint High Court judges were gathering dust on the Law Minister's table.
Last Tuesday, the Collegium, comprising the CJI and four senior-most SC judges Madan B Lokur, Kurian Joseph, AK Sikri, and SA Bobde, decided to elevate four new Chief Justices of High Courts to the Supreme Court. They were Justices Hemant Gupta, R Subhash Reddy, MR Shah and Ajay Rastogi. The recommendation was formally sent by CJI on Wednesday 11 am to the office of Union Law Minister Ravi Shankar Prasad. Later that day, medical exam of the four judges was complete. On Thursday, warrants for their appointment were signed by the President, and on Friday, they took oath as SC judges.
At present, Supreme Court has a sanctioned strength of 31 judges. With the four new additions, working strength has increased to 28. Two judges will retire by this year-end and another two before the term of CJI Gogoi ends on November 17, 2019.
When asked how such a feat was achieved, CJI Ranjan Gogoi said, "When I received a call on Wednesday 11 pm that the medical fitness test of the four judges was over, I was shocked." Speaking at his maiden media interaction, when reporters pressed to know about the speedy appointment, CJI replied, "I am awestruck by the pace of decision-making. Probably, you should ask the Law Minister." The CJI was "optimistic" that this trend continues for future appointments as well.
Earlier in the day, CJI Gogoi heard a PIL on the issue of judicial appointments being delayed on account of Centre's indifference to Collegium recommendations. The PIL filed by Centre for Public Interest Litigation (CPIL) claimed that about 13 recommendations to appoint or transfer High Court judges are pending with the Centre.
The bench headed by CJI told CPIL counsel senior advocate Dushyant Dave that the correct figure was over 40. The Court refused to issue notice to the Centre but assured the petitioner to take up the issue with the government. To illustrate the point, Collegium recommended the name of Justice KM Joseph as SC judge on January 10, 2018. On April 26, Centre returned the recommendation for reconsideration. On June 16, the Collegium reiterated its earlier decision. Finally, Justice Joseph took oath on August 7, almost seven months after his name was first recommended.
The Memorandum of Procedure which governs appointment of judges to HC and SC does not provide any timelines for disposal of Collegium recommendations. The SC in October 1993 in Supreme Court Advocates on Record Association v Union of India (Second Judges case) fixed an outer limit of six weeks for Centre to respond on Collegium's recommendation. It also gave a four-week window to the Collegium to reply.
Speedy Justice(s)
Currently, Supreme Court has a sanctioned strength of 31 judges
- October 31, 11 am: CJI sends recommendations to Union Law Minister Ravi Shankar Prasad
- Medical examination of four judges completed later the same day
- November 1: Warrants of appointment signed by the President
- November 2: Justices Hemant Gupta,
- R Subhash Reddy, MR Shah and Ajay Rastogi take oath as SC judges
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