Minister of state for law PP Chaudhary said the government has also sent back five names to the Supreme Court collegium for its reconsideration after failing to agree with the apex court recommendations.
The 92 pending recommendations with the Centre also include certain names reiterated by the SC collegium. Though it is mandatory for the government to accept all the recommendations made by the SC collegium for appointment of HC and SC judges, in case of difference of opinion, the Centre sends back such cases to the SC collegium for reconsideration. If the SC again reiterates, it becomes binding on the government to make appointments. Though in recent times, the government had sent recommendations twice for reconsideration of the SC collegium in some cases.
Chaudhary said currently there are no recommendation pending for appointment of Judges in the Supreme Court and Chief Justices of High Courts.
“As regards appointment of Judges of High Courts, 92 names recommended by HC collegiums, including names reiterated and recommended by SC collegium, are under various stages of processing with the government as per the procedure prescribed in MoP (memorandum of procedure),” he said. He said, in addition to these names, five names recommended by SC Collegium have been submitted to the SC for reconsideration.