The Supreme Court has said that it will list the public interest litigation (PIL) petition filed against Central government not clearing Collegium recommendations.
Advocate Prashant Bhushan asked for listing of the case before the bench of Justice of India (CJI) DY Chandrachud.
In his plea Bhushan said that we are seeking a mandamus to the government as the plea was filed in 2018 and has yet not been listed.
The CJI responded by assuring that it shall be listed and he will pass administrative orders.
Plea has asked that names of lawyers and judges who have been reiterated by the Collegium for appointment as High Court judges should be cleared appointment by Central government.
The petition talks about many recommendations which were sent by the Collegium but were not acted upon by the government.
The petition also said the failure of the Central Government to act on the files of those recommended by the Collegium is gross disregard for the law laid down by the Supreme Court in the Second Judges case and the NJAC case
The plea also argues that the current system gives an impression of virtual break down of the consultative process, which is destroying the office of the Chief Justice of India with regard to judicial appointments.
The Supreme court had stated on November 11, that the Central government is holding up judicial appointments by not acting on the Collegium recommendations even after repeated instructions.
A bench of Justices Sanjay Kishan Kaul and AS Oka had opined that this is the government approach for indirectly compelling persons recommended by the Collegium, to withdraw their names from the contest.
The bench had highlighted 21 recommendations in total which are pending with the government.