'Serious effects for democracy', says SC judge B V Nagarathna on delay in appointment of judges

Bengaluru, Mar 25 (IANS): Supreme Court judge Justice B.V. Nagarathna, who is poised to become India's first woman Chief Justice in 2027, said on Saturday that the issue of delay in the appointment of judges could have serious effects for democracy in general, and judiciary in particular.

Delivering the inaugural address at the fifth conference of Central government counsels from southern states in Bengaluru, Justice Nagarathna said: "The adequate manning of the judiciary at all levels by independent and fearless judges is necessary to ward off any semblance of interference from any quarter. I must say, in my most humble way, that government or executive's inaction or delay in critical matters concerning the judiciary such as appointment of judges could have serious effects for democracy in general, and judiciary particular."

She added, "In fact, in my humble view, there is a Constitutional obligation upon the executive to effectively process appointments and transfer of judges recommended by the collegium of the Supreme Court within the earliest possible time, so that there are no vacancies in courts, which could hamper effective judicial functioning. If empowerment of the judiciary is to be seriously considered, I feel that vacancies must be filled and transfers must be affected at the earliest possible time."

Her statement is crucial against the backdrop of increasing friction between the Supreme Court collegium and the Central government over the delay in the appointment and transfer of judges of the high courts.

Earlier this week, the apex court collegium headed by Chief Justice of India, D.Y. Chandrachud, had taken a serious view of the delay by the Centre in taking a decision on the names reiterated by it for appointment as judges to the high courts.

"Reiterated names ought not to be withheld or overlooked as this disturbs their seniority whereas those recommended later steal march on them. Loss of seniority of candidates recommended earlier in point of time has been noted by the collegium and is a matter of grave concern," the SC collegium had said.






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Comment on this article

  • Rosh, Mangalore

    Sun, Mar 26 2023

    If Namo were to have a say unopposed, he would declare himself as the lifetime ruler of our country. He has already silenced all BJP ministers, MPs, MLAs and all others who hold various poistions within BJP. None of them have the spine to question or correct him. Even the RSS is afraid to challenge him or go against his wishes. It is already a dictatorship except that he has not been able to bulldose true nationalists whom one may call as anti nationals. No doubt he is very clever with a criminal mindset and has prepared himself over several decades. Hightime educated bhakts seriously start thinking about this.

    DisAgree [1] Agree [13] Reply Report Abuse

  • Anand A, Mangaluru

    Sun, Mar 26 2023

    Anti-nationals are those who disagree with BJP. Judges included, you heard from Rijiju.

    DisAgree [8] Agree [17] Reply Report Abuse

  • Oz, Muscat

    Sun, Mar 26 2023

    Now this poor lady who served her life for justice will be finally called a anti national

    DisAgree [5] Agree [31] Reply Report Abuse

  • Manohar, Udupi

    Sat, Mar 25 2023

    Nagpur factory killing democracy Iran style....

    DisAgree [11] Agree [48] Reply Report Abuse

  • Vincent Praveen Castelino, Mumbai/Mangalore

    Sat, Mar 25 2023

    Dictatorship is at the highest level and India is reduced as a "Banana Republic" ...Only Judiciary can save this country and that is last hope left. Hope and Trust in Lord that the present CJI will not bend for Dictatorship's pressure!

    DisAgree [13] Agree [89] Reply Report Abuse

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Title: 'Serious effects for democracy', says SC judge B V Nagarathna on delay in appointment of judges

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