Collegium recommends elevation of Chief Justices of Delhi and Madras HC ; Law Minister says no appointments soon

According to reports, the collegium has paved way for appointment of the Chief Justice of Delhi High Court, Justice G. Rohini and Madras High Court, Justice Sanjay Kishan Kaul to be elevated to the Supreme Court.

Tweets by former Additional Solicitor General, Indira Jaising have further strengthened the claims. She recently tweeted:

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“Supreme Court soon to get its second woman judge Justice Rohini fast tracked via Delhi High Court.”

“Supreme Court collegium has cleared Sanjay Kishan Kaul for appointment, the Court will now have three Judges from Delhi, normally not done.”

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It is interesting to note that it was just after the collegiums had cleared these two names, the Union Law Minister D.V. Sadanand Gowda made a statement that no fresh appointments of judges to the High Courts and Supreme Court would be made till the public interest litigation challenging the National Judicial Appointments Commission Act, 2014 are decided.

LiveLaw had reported that such a statement has given fresh fuel to the fire regarding the issue of judicial appointments.

Meanwhile, the National Judicial Appointments Commission Act, 2014 has been challenged by the Supreme Court Advocates on Record Association. It has stated that the Parliament does not have the legislative competence to enact the same and that it is violative of Art. 124(2) and 217 (1) of the Constitution of India.

The Petition states, “It has been repeatedly by this Court that the doctrine of Basic Structure cannot be used to challenge ordinary legislation. Therefore, as per the law laid down by this Court, it would not be possible to challenge any law made under the proposed Article 124C…Article 124C leaves open enormous scope for the Parliament, by ordinary legislation, to give primacy to the Executive or veto powers to the Executive or other unchecked powers to the Executive for the appointment of Judges to the higher Judiciary.”

The yet to be notified NJAC will have CJI along with two senior judges of the Supreme Court as members, along with the Union Law Minister and two persons nominated by a Committee consisting of Prime Minister, Chief Justice of India and Leader of Opposition.

Further, if Justice Sanjay Kishan Kaul is elevated to the apex Court, he may become Chief Justice of India. The appointment will make Justice G. Rohini as the second sitting woman Judge in the Supreme Court after Justice B. Banumathi. The recommendation awaits the President’s approval now.

You may read more of our coverage on National Judicial Appointments Commission here.