The Supreme Court issued notice to the Union Law Secretary on a petition filed on Friday, November 11, 2022, regarding the delay in clearing the names approved by the Collegium for appointment as judges. Justices Sanjay Kishan Kaul and Abhay Sreeniwas Oka of the division bench were harshly critical of the Center for withholding the names approved by the Collegium.

The court further observed that "There are 11 cases pending with the government that were cleared by the collegium but are awaiting appointments.  This implies that the government neither appoints the names nor communicates its reservations, if any", 

The Court emphasised that after the second reiteration, the Center's only option is to issue the appointment order. The Center requested reconsideration in some cases. Despite a second reiteration, the government did not clear the names, and the individuals withdrew their names, depriving the Court of an eminent person on the bench.

The bench clarified that it is sending the Law Secretary a "simple notice." In its order, the bench noted that one of the names repeated, Jaytosh Majumdar of the Calcutta High Court, had died.

The hearing was in relation to a contempt petition filed in 2021 by the Advocates Association of Bengaluru against the Center for not approving 11 names that had been reiterated by the Supreme Court collegium. The Association contended that the Center's actions are in direct violation of the Supreme Court's directive in PLR Projects Ltd v. Mahanadi Coalfields Pvt Ltd, which stated that names reiterated by the Collegium must be cleared by the Center within 3 to 4 weeks.

It was also argued that the Central Government's actions are in direct conflict with Supreme Court decisions in Subhash Sharma, the Second Judges Case, and the Third Judges Case, in which the Supreme Court repeatedly advocated for the expeditious appointment of the recommended names by the Supreme Court collegium.

Case Title: The Advocates' Association Bengaluru v. Shri Barun Mitra, Secretary (Justice)