Government's cherry picking of Collegium's recommendations continues unabated

Judging from the manner in which appointments of judges to High courts are made from among the recommendations of the Collegium, it would appear that the Government have the power to determine the seniority of judges on the all Indian list and in the High Court. This has in the past led to frustration among proposed appointees sometimes leading them to withdraw their consent to be Judges. Apart from allowing for manipulation in the matter of appointments, it could lead to loss of talent and diversity on the Bench.
Government's cherry picking of Collegium's recommendations continues unabated
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On Wednesday, the Union government cleared some pending recommendations for the appointment of judges to the high courts. At the same time it continued to exercise its pocket veto against certain names.

 On February 12 the Union government appointed advocate Tejas Dhirenbhai Karia, to the Delhi High Court while holding back the appointment of advocate Ms. Shwetasree Majumder who was recommended by the Supreme Court Collegium for appointment to the same High Court prior to Karia for judgeship to the Delhi High Court.

Karia is a Partner with the Dispute Resolution Practice at Shardul Amarchand Mangaldas and also heads the Firm’s Arbitration Practice. Perhaps, it is the first time that a person from a firm is appointed as judge. His wife Manisha Karia is a senior advocate at the Supreme Court of India. Karia’s brother is also a judge at the Gujarat High Court.

On August 21, 2024, the Collegium comprising the then Chief Justice of India (CJI) Dhanajaya Y. Chandrachud, the present CJI Sanjiv Khanna and Justice B.R. Gavai had recommended Ms. Majumder along with advocates Ajay Digpaul and Harish Vaidyanathan Shankar.

The government's selective approach to the recommendations of the collegium has continued unabated.
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