New Delhi: Amid the ongoing tussle between the executive and judiciary over the appointment of judges, the Union government on Saturday, February 4, appointed five judges to the Supreme Court. The names had been recommended by the top court’s Collegium on December 13, 2022.
According to NDTV, Rajasthan high court Chief Justice Pankaj Mithal, Patna high court Chief Justice Sanjay Karol, Manipur high court Chief Justice P.V. Sanjay Kumar, Patna high court judge Ahsanuddin Amanullah, and Allahabad high court judge Manoj Misra will now be Supreme Court judges.
Union law minister Kiren Rijiju took to Twitter to make the announcement.
As per the provisions under the Constitution of India, Hon’ble President of India has appointed the following Chief Justices and Judges of the High Courts as Judges of the Supreme Court.
I extend best wishes to all of them. pic.twitter.com/DvtBTyGV42— Kiren Rijiju (@KirenRijiju) February 4, 2023
The development comes a day after Justice S.K. Kaul and Justice A.S. Oka had expressed displeasure over the delay in clearing recommendations for the transfer of high court judges. They had termed it a “very serious issue”, warning that any delay in the matter would result in both administrative and judicial actions which might be “very uncomfortable”.
When the matter came up before the apex court on Friday, February 3, attorney general R. Venkataramani had said the order for the appointment of five judges is expected to be issued in two days.
Taking objection to the delay in clearing the names, the bench of Justice Oka and Justice Kaul had said, “Don’t make us take a stand which will be very uncomfortable… You will make us take some very, very difficult decisions.”
The issue of appointment of judges has for some time led to sharp exchanges between the apex court and Union government, particularly by Union law minister, Rijiju.
According to the news agency PTI, a senior government functionary said the five appointments have nothing to do with the bench’s observation and were made after the Union government took a considered decision.
At present, the Supreme Court is functioning with 27 judges, including the Chief Justice of India. Its sanctioned strength, including the CJI, is 34. Once the newly appointed judges take oath, possibly early next week, the strength of the top court will go up to 32 judges.
As recently as January 31, the collegium also recommended the names of Allahabad high court Chief Justice Rajesh Bindal and Gujarat high court Chief Justice Aravind Kumar for elevation as Supreme Court judges as well.
“The names recommended earlier by the collegium by its resolution dated December 13, 2022, shall have precedence over the two names recommended presently for appointment to the Supreme Court,” the Collegium had said on January 31, recommending two more names to be appointed as judges.