Case Title: PLR Projects Ltd v. Mahanadi Coalfields Pvt Ltd
Concerned about the growing number of High Court vacancies, the Supreme Court reiterated that the Central Government should make appointments as soon as the Supreme Court collegium has vetted the names. If the Government has any reservations about Collegium's recommendations, it should return the names with clear reasons. When the Supreme Court collegium reaffirms the names, the Centre should make the appointment within 3-4 weeks of such iteration.
If the Supreme Court Collegium, after considering the aforementioned inputs, unanimously reiterates the recommendation(s), a such appointment should be processed and made within 3 to 4 weeks.
A bench consisting of then Chief Justice of India SA Bobde, Justices Sanjay Kishan Kaul and Surya Kant concluded that adhering to the stated timeline is 'advisable.'
"The High Courts are in a state of emergency. There are around 40% vacancies in the High Courts, with many of the major High Courts operating at less than 50% of their sanctioned strength," the bench observed this in its order.
The order was issued in the present case, a transfer petition filed in 2019 seeking to transfer a case from the Orissa High Court to the Supreme Court due to lawyers' strike there. While considering the matter, the Supreme Court looked into the problem of collegium recommendations pending at the Ministry level.
In December 2019, a bench comprising Justices SK Kaul and KM Joseph issued an order in the matter stating that the individuals suggested by the High Court collegium and approved by the Supreme Court Collegium and the Government should be appointed within six months.
During an earlier hearing of the case in 2019, the bench noted that nearly 40% of sanctioned High Court judge positions were unfilled and requested the Attorney General to take steps to speed up the appointment process.
"…The convention laid down is that an endeavour should be made that recommendations for vacancies are sent six months in advance. This is an aspect that the Chief Justices of the High Courts would look into. This period of six months arises from the expectation that the said period would be enough for processing the names from the recommendation stage till appointment."
Thus, giving names six months in advance is only useful if the procedure till appointment is completed within six months, which is a task that the government must fulfil," the bench stated in an order issued in November 2019.