SC seeks assistance of Attorney General regarding a petition to fix time limit for Centre to notify collegium proposals

SC seeks assistance of Attorney General regarding a petition to fix time limit for Centre to notify collegium proposals

Recently, the Supreme Court seeks assistance of Attorney General R Venkataramani, regarding a petition to fix time limit for Centre to notify collegium proposals

The matter was heard before a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra.

The plea was filed by advocate Harsh Vibhore Singhal, 

"The instant writ petition does not in any way challenge the Supreme Court Collegium (SCC) system for the appointment of judges. Rather, it seeks to further cohere and strengthen the SCC for greater judicial independence," it said.

Harsh Vibhore Singhal, sought a direction to plug the 'zone of twilight' of there being no time for notifying the collegium's recommendations for appointment of judges to the higher judiciary.

"it is necessary for the court to stretch its arms long enough to fetter discretion and exercise its powers under Article 142 (of the Constitution) to fix a fixed time period for the respondent to object to any SCC recommendation by such period and a fixed time period to notify appointments …." Article 142 of the Constitution deals with enforcement of decrees and orders of the apex court to do "complete justice" in any matter pending before it. As per Article 142(1), a decree passed or an order made by the apex court is executable throughout the territory of India.

The plea said if any name is not objected to or the appointments are not notified by end of such fixed time period, then appointments of such judges must be taken as notified.

"A copy of the petition be served on the office of the Attorney General for India. We request the Attorney General to assist the court," the bench said

The next date of hearing is on 8th September

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