Chief Justice of India B.R. Gavai on Thursday voiced serious concern over the prolonged delay by the Central government in clearing names recommended by the Supreme Court Collegium for appointment as judges to various High Courts across the country.
The CJI emphasized that the apex court is not sitting idle on the matter and is actively engaging with the government on the administrative side to expedite the appointments.
Sitting alongside Justice Vinod Chandran, CJI Gavai made the remarks during the hearing of two petitions that have sought contempt proceedings against the Union government for its alleged deliberate inaction on judicial appointments.
Judicial Appointments Stalled Since 2019
The petitions, filed by senior advocate Arvind Datar on behalf of the Bengaluru Advocates Association and advocate Prashant Bhushan representing NGO Common Cause, highlight how numerous names recommended for elevation to the High Courts as far back as 2019 have remained pending with the government despite multiple reiterations by the Collegium in 2021 and 2022.
“These names have been recommended for over four years. Despite the Collegium reiterating them, they remain in limbo. This is not just a procedural lapse—these judges are losing their seniority because of this inaction,” argued Datar, urging the bench for an early listing of the petitions.
The matter had last been heard on December 5, 2023, before Justice Sanjay Kishan Kaul retired. Although it was listed briefly earlier this year, it was abruptly dropped from the cause list, the counsel complained.
CJI Acknowledges Delay and Administrative Efforts
In response, CJI Gavai assured the petitioners that the judiciary is taking steps to address the issue.
“We are also pursuing the matter from the administrative side. Some of the names have been cleared, and we are working on others,” he said, acknowledging the gravity of the situation.
The CJI added that the bench would list the matter for hearing after a fortnight, thereby providing a tentative timeline for further proceedings.
Talent Lost Due to Inordinate Delay
Without naming anyone directly, CJI Gavai cited a recent example of a Delhi-based lawyer who had to withdraw her nomination due to the government’s inordinate delay in processing her elevation. This was widely understood to be a reference to Shwetashree Majumdar, an accomplished legal professional and topper from the National Law School of India University (NLSIU).
Advocate Prashant Bhushan confirmed this, expressing dismay at the loss of such legal talent from the bench due to bureaucratic inertia.
“It’s not just about filling vacancies—delays like these dissuade even the most qualified individuals from accepting judicial positions. This undermines the entire system,” Bhushan said.