Justices Chandrachud, Nazeer object to circulation of SC judges' names for appointment

Two Supreme Court judges Justices D Y Chandrachud and Justice S Abdul Nazeer objected to the process of selection of names of judges for appointment through circulation, making Chief Justice of India U U Lalit-headed Collegium to abort the process for filling up four vacancies of judges in the top court.

The initiation of the process by the Union government for appointment of next CJI on October 7 by asking the incumbent CJI to name his successor also led to such a decision.

Notably, there are five vacancies of judges in the Supreme Court out of sanctioned post of 34 judges. 

The Collegium also comprising Justices Chandrachud, Sanjay Kishan Kaul, Nazeer and K M Joseph had earlier approved elevation of the Bombay High Court Chief Justice Dipankar Dutta to the top court.

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A Collegium meeting was scheduled on September 30 on the last working date before the Dussehra vacation. However, it could not be held as Justice D Y Chandrachud continued to hold the court till 9 pm. 

The CJI then on September 30 itself sent a communication to Collegium members proposing for the elevation of Punjab and Haryana High Court Chief Justice Ravi Shankar Jha, Patna High Court Chief Justice Sanjay Karol, Manipur High Court Chief Justice P V Sanjay Kumar, and senior advocate K V Viswanathan to the top court.

"The proposal received the approval of Justice Kaul and Justice Joseph vide their respective letters dated 01-10-2022 and 07-10-2022. By separate letters dated 01-10-2022, Justice Chandrachud and Justice Nazeer, objected inter alia to the method adopted in the letter dated 30.09.2022," a statement from the Collegium said. 

However, the letters of Justice Chandrachud and Justice Nazeer did not disclose any views against any of these candidates, it added. 

On October 2, the CJI sent another communication seeking alternative suggestions.

"There was no response to said communication. Thus, the proposal initiated by the CJI had concurrence from Justices Kaul and Joseph. Justices Chandrachud and Nazeer had objected to the process of selection and appointing judges by circulation," it added.

"The matter was, therefore, ideally suited to have a discussion across the table amongst the Judges forming the Collegium. In the meantime, a letter dated October 7, 2022 has been received from the Union Law Minister requesting the CJI to nominate his successor to take over the office of CJI w.e.f. November 9, 2022. In the circumstances, no further steps need be taken and the unfinished work in the meeting called for September 30, 2022 is closed without there being  any further deliberation. The meeting dated September 30, 2022 stands discharged," the statement said.