The Issue of Primacy

The Chief Justice of India and his collegium colleagues deserve appreciation for pushing its recommendations for the appointment of 12 persons to five High Courts, taking a courageous stand at a crucial time when High Courts need judges on a priority basis

- Lokendra Malik

ASSERTING its primacy in judges’ appointments in the superior judiciary, the Supreme Court collegium headed by the Chief Justice of India (CJI) NV Ramana has unanimously reiterated its previous recommendations to press the appointments of 12 persons, including three judicial officers, to five High Courts —Rajasthan, Allahabad, Jammu and Kashmir, Karnataka, and Calcutta. The central government was sitting on their files for several months.

The material, including the objections raised by the government, has been considered by the collegium and it has rejected the government’s objections. However, the material is not available in the public domain. The collegium has rightly insisted on the appointments of judges and the centre should not make it a prestige issue. CJI Ramana and his collegium colleagues deserve appreciation for taking this courageous stand at a crucial time when High Courts need judges on a priority basis.

With this, the ball has again come into the executive’s court. Let us see how the centre reacts now. Given the well-established primacy of the Supreme Court collegium in judicial appointments, the central government has no option but to implement the collegium’s reiterated recommendations and decisions.