New Delhi- Two highly qualified judicial nominees Swetashree Majumder and Rajesh Datar have withdrawn their consent for judgeship due to unexplained delays by the Union Government in processing their appointments. Majumder, recommended by the Supreme Court Collegium for the Delhi High Court, waited over a year without any action, while Datar’s name was inexplicably "segregated" from a list of four advocates approved for the Bombay High Court.
The same thing happened with Senior Advocate Aditya Sondhi in 2022, raising serious concerns about government interference in judicial appointments.
The Campaign for Judicial Accountability and Reform (CJAR) has condemned the government’s actions as unconstitutional, citing violations of Supreme Court rulings in the Second and Third Judges Cases, which mandate timely appointments based on collegium recommendations.
Public Interest Lawyer and Activist Prashant Bhushan shared the statement on his x handle, detailing how the govt is frustrating the appointments of fine judges recommended by the collegium in violation of the law.
Legal experts and judicial accountability groups are sounding the alarm over the government’s alleged subversion of the judicial appointment process by selectively delaying or ignoring collegium-recommended names. The CJAR has highlighted that such "segregation" of names lacks legal sanction and undermines judicial independence.
A pending petition in the Supreme Court (CPIL v UOI) seeks urgent directions to ensure timely appointments and curb unilateral government interference. Despite repeated court orders seeking status reports, the Centre’s inaction has left the judiciary in limbo. The CJAR has urged the Supreme Court to intervene decisively, demanding explanations from the government and enforcing compliance with constitutional mandates.
" We therefore call upon the Supreme Court to take up the issue of judicial appointments once again on the judicial side and demand explanations from the Union Government on the circumstances under which Ms Majumder and Mr Datar's appointments were stymied by the Union Government. Nothing less than the future of an independent judiciary depends upon it', the statement read.
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