The Supreme Court on Tuesday criticized the government for its selective transfer and appointment of judges recommended by the top court’s collegium. The division bench, headed by Justice Sanjay Kishan Kaul, expressed worry over the government’s ‘pick and choose’ policy in clearing certain transfers of high court judges. The bench stressed that once high court judges are appointed, the government should not be concerned about where they perform their judicial duties. The bench further pointed out that the selective clearing of appointments disturbs seniority and discourages young lawyers from aspiring to become judges.

Justice Kaul questioned the Attorney General, asking why a young lawyer would risk their good practice for a judgeship if a junior colleague would be appointed before their senior, who has been recommended for elevation. The bench informed the Attorney General that five names reiterated by the Supreme Court collegium for the second time and 14 new recommendations were still pending with the government. The bench posted the matter for resumed hearing on November 20, expressing concern over the lack of progress on appointments and transfers.

Advocate Prashant Bhushan, appearing on behalf of the petitioners, requested the bench to issue a contempt notice to the Centre and summon either the law secretary or the law minister.