Selective orders on appointment of judges sends wrong signal: SC

Selective decisions on appointment and transfer of judges by the Centre “sends a wrong signal,” the Supreme Court said on Monday, adding the court will continue monitoring the status of collegium’s recommendations not because it wants to take an antagonistic stand against the government but because it is “necessary for the system”.

- Utkarsh Anand

The court’s observations continue the long-running standoff between the judiciary and the executive on a timeline for appointment to constitutional courts. Imploring the Centre not to segregate names from a batch of recommendations made by the collegium, a bench, headed by justice Sanjay Kishan Kaul, flagged the court’s concerns over “pick and choose” by the government in appointing and transferring high court judges. “As per our information, you have issued transfer orders for five judges of high courts, but not for six others. Four of such names are from Gujarat. Why do you do this? It doesn’t send a good signal if you pick and choose. Don’t do selective transfers,” the bench, also comprising justices Sudhanshu Dhulia, told attorney general R Venkataramani, who appeared for the Centre.

Adding that selective transfers creates its own dynamics, the bench stressed on the fact that of the six transfers yet to be notified by the government, four were from the Gujarat high court.