Supreme Court Justice BV Nagarathna said the issue of delays in appointing judges could have serious repercussions for the entire democracy
Posted Date – 06:00 AM, Sun – 3/26/23
Judge BV Nagarathna
Bangalore: Supreme Court Justice BV Nagarathna, who is poised to become India’s first female chief justice in 2027, said on Saturday that delays in judge appointments could have serious repercussions for democracy in general and the judiciary in particular.
Speaking at his inaugural address at the Fifth Central Government Counsel Conference of the Southern States in Bangalore, Justice Nagarathna said: “Sufficient independent and fearless judges at all levels of the judiciary are necessary to prevent any semblance of strife from any quarter. Interference. I must say in the most modest way that inaction or delay by the government or the executive on key matters involving the judiciary, such as the appointment of judges, could have serious repercussions for democracy in general, and the judiciary in particular.”
She added: “The fact that, in my humble opinion, the executive branch has a constitutional obligation to effectively process the appointment and transfer of judges recommended by the Supreme Court panel at the earliest possible time so that there are no vacancies on the Court, may prevent effective Judiciary functioning. If empowering the judiciary is to be seriously considered, I feel the vacancy must be filled and transferred as early as possible.”
Her statement is crucial against the backdrop of growing friction between the full Supreme Court panel and the central government over delays in the appointment and transfer of high court judges.
Earlier this week, the full Supreme Court panel headed by India’s Chief Justice DY Chandrachud took seriously the Center’s delay in making a decision on its reiterated appointment of high court judges.
“Duplicate names should not be withheld or ignored as this would affect their seniority and those recommended later would steal them. The committee has noted the loss of seniority of earlier recommended candidates which is a serious concern concerns,” the SC committee said.
