The Centre’s Assurance to Appoint Justice Siddharth Mridul as Chief Justice of Manipur High Court

Recently, the Centre has assured the Supreme Court that it would soon notify the appointment of Justice Siddharth Mridul as the Chief Justice (CJ) of the Manipur High Court. This development is significant in signaling the Centre’s willingness to be more accommodating of the Collegium’s recommendations, which is responsible for selecting and recommending judges.

Background and Delay in Appointment

Justice Siddharth Mridul’s name was recommended by the Collegium on July 5, highlighting his eligibility and suitability for the position. However, the delay in notifying his appointment was due to the State government taking time to provide its views on the proposal. This unexpected delay raised concerns and curiosity among legal observers.

The Collegium, in addition to recommending Justice Mridul’s appointment, has also proposed the transfer of Justice M.V. Muralidaran, the current Acting CJ in Manipur, to the Calcutta High Court. The Collegium’s decision to transfer Justice Muralidaran has faced criticism and sparked discussions in the legal community.

Government’s Selective Treatment

The Supreme Court has been vocal about the Centre’s selective treatment of the Collegium’s recommendations. There have been instances where the government has returned names that were reiterated multiple times. The prolonged delay in appointing Justice S. Muralidhar as CJ of the Madras High Court eventually led to the Collegium rescinding its recommendation.

Similarly, the government ignored the recommendation to transfer Justice T. Raja from Madras High Court to the Rajasthan High Court until his retirement. These instances highlight the conflict between the government and the Collegium regarding the appointment process, which often leads to a flashpoint.

The Need for Streamlined Appointment Process

Given the conflicts and delays in the appointment process, it is essential to streamline the system to adhere to the Supreme Court’s April 2021 order. The order sets timelines for the government to process recommended names and express any reservations promptly.

One of the key objectives of streamlining the process is to ensure timely implementation of the Collegium’s recommendations. Once the Collegium reiterates any recommendation, it should be implemented within three to four weeks to maintain the integrity and efficiency of the judiciary.

Effects and Significance

The assurance by the Centre to appoint Justice Siddharth Mridul and the forwarding of 70 names for judges’ appointments in various High Courts indicate a positive development. The Centre’s willingness to consider and act upon the Collegium’s recommendations can lead to a smoother functioning of the judiciary.

Pros and Cons

Pros:

• Promotes transparency in the appointment process
• Ensures timely appointments, reducing vacancies in the judiciary
• Encourages cooperation between the Centre and the Collegium

Cons:

• Potential for delay and conflicts between the government and the Collegium
• Some recommendations may be overlooked or ignored
• Process may still have inadequacies and room for improvement

Fun Fact

Did you know that the Supreme Court’s Collegium system, with its main objective to protect the independence of the judiciary, was established through judicial interpretation under the Indian Constitution? It does not have a constitutional basis but has evolved over time.

In conclusion, the Centre’s assurance to appoint Justice Siddharth Mridul as Chief Justice of the Manipur High Court and its forwarding of several names for judges’ appointments reflect a positive development. However, it is crucial to streamline the appointment process to avoid conflicts and delays, ensuring a timely and efficient functioning of the judiciary.

Brief Summary | UPSC – IAS

The Indian government is taking steps to address the delay in appointing Justice Siddharth Mridul as the Chief Justice of Manipur High Court. The government has assured the Supreme Court that the appointment will be made soon. Additionally, the government has forwarded the names of 70 judges to be appointed in various High Courts, signaling a more accommodating approach towards the recommendations of the Collegium. The delay in Justice Mridul’s appointment was due to the State government’s delay in providing its views on the proposal. The government has also been slow in implementing transfers recommended by the Collegium. The conflict between the government and the Collegium over the appointment process highlights the need for streamlining the process. It is important to adhere to the Supreme Court’s order and ensure that recommended appointments are implemented in a timely manner to uphold the institution’s integrity.