4th time in 2 yrs, Centre rejects collegium name for judge in J&K?

alt Feb, 15 2023

The recent news of the Central government rejecting the Supreme Court collegium's recommendation to appoint a judge in Jammu & Kashmir has once again raised questions about the political interference in judicial appointments in the state. This is the fourth time in two years that the Central government has rejected the collegium's recommendation for a judge in Jammu & Kashmir.

The appointment of judges is a subject of utmost importance and requires utmost caution. The idea is to ensure that the best and the most suitable persons are appointed to the higher judiciary. But in Jammu & Kashmir, it appears that the political interference is undermining this process. The Central government has been rejecting the collegium's recommendations for the last two years, which is completely unacceptable and goes against the spirit of judicial independence.

The Central government has the power to reject the collegium's recommendation, but it should be exercised judiciously, with due consideration and not as a tool to interfere in the judicial process. It should also be noted that the Supreme Court collegium is constituted by experienced judges who have the necessary expertise to select the most suitable person for the job. Therefore, their recommendations should be taken seriously and not be rejected arbitrarily.

It is essential that the Central government should respect the judicial process and allow the collegium to appoint the best suitable person for the job. This will ensure that the judiciary in Jammu & Kashmir is independent and impartial and that the people of the state get justice without any political interference.

The Centre’s decision to reject the Supreme Court collegium’s recommendation to appoint a judge in Jammu and Kashmir for the fourth time in two years has sparked a debate on the implications of such a move. The collegium’s recommendation, which is generally accepted and implemented by the Centre, was rejected citing “security concerns”, with the Centre citing a “security threat” in the region as the reason for its decision. But, this is not the only repercussion of the Centre’s move.

The decision has serious implications for the functioning of the judiciary in the state. With the Centre rejecting the recommendation, the court in Jammu and Kashmir is now facing a shortage of judges. This shortage of judges means that existing judges are overburdened with work, leading to slower hearings and backlogs. This, in turn, affects the delivery of justice to the people of the state as cases take longer to be heard and decided.

The Centre’s decision has also raised questions about the independence of the judiciary. The Supreme Court collegium is an independent body, and its recommendations are generally accepted by the Centre. By rejecting the collegium’s recommendation, the Centre is sending a message that it can override the decisions of the independent body. This raises questions about the independence of the judiciary and its ability to make unbiased decisions.

The Centre’s decision has also raised questions about the state of security in Jammu and Kashmir. By citing security concerns as the reason for its decision, the Centre has left the people of the state wondering about the true state of security in the region. This has further fuelled the perception that the region is not safe and that the Centre is not doing enough to ensure the safety of its citizens.

The Centre’s decision to reject the Supreme Court collegium’s recommendation to appoint a judge in Jammu and Kashmir has far-reaching implications. It raises questions about the independence of the judiciary, the delivery of justice in the state, and the security situation in the region. It is important that the Centre takes the necessary steps to ensure that justice is delivered in a timely manner in the state.

Recently, the Centre has once again rejected a recommendation from the Supreme Court Collegium for the appointment of a judge to the Jammu & Kashmir High Court. This is the fourth time in two years that the Centre has rejected a recommendation from the Collegium.

The rejection of Collegium recommendations is raising questions among legal experts and commentators, who are wondering why the Centre is so reluctant to approve the Collegium’s recommendations.

One possible reason is that the Centre is wary of the political implications of appointing a judge to the Jammu & Kashmir High Court. The region has a history of communal tension and the appointment of a judge could be seen as a political move that could have far reaching consequences.

Another possible reason is that the Centre is concerned about the quality of the proposed candidates. The Centre's rejection of the Collegium's recommendations could indicate that it is not satisfied with the quality of the proposed candidates, or it could be an indication of a lack of trust in the Collegium's vetting process.

It is also possible that the Centre is trying to delay the appointment of a judge to the Jammu & Kashmir High Court, as it is keen to maintain the status quo in the region.

Whatever the reasons, it is clear that the Centre’s refusal to accept the Collegium’s recommendations is raising serious questions about the process of appointing judges in the region.