Collegium System: Debate on setting a deadline for the government to decide on the recommendations of the collegium

A new debate has erupted amid the ongoing tussle between the government and the judiciary over the appointment of judges. After the name is given by the collegium, there has been a debate on fixing the time limit for the government to take a decision. Recently, retired Supreme Court Justice RF Nariman suggested that the Supreme Court should tighten the loose mold in the MOP (Memorandum of Procedure) by constituting a Constitution Bench of at least five judges. He said that a time limit of 30 days should be fixed for the government to take a decision on the recommendation of the collegium. If the government does not respond within this period, it should be assumed that it has nothing to say but experts have different views on fixing the deadline.

Experts agree that the government cannot keep the recommendation pending for an unlimited period. Time limit can be set for the government as an advisory, but it cannot be a condition of obligation because the condition of obligation is the work of legislative legislation and law-making comes under the jurisdiction of Parliament. Justice Rohinton said in an event that the government is for at least five years while the rate of coming and going of the collegium is very high.

He said that therefore, it is very important that the Supreme Court sets a time limit for the government to respond. Perhaps this would be the first time that a former judge would have insisted in this way on setting a deadline for the government but former Law Secretary Suresh Chandra, who was a part of the government at one point of time and closely watched the appointment process of judges, has a different opinion from Justice Nariman on this issue. He says that the time line in the Civil Procedure Code (CPC) is fixed that the decision should be given in 30 days after hearing the case. This is for the courts from bottom to top, but after hearing the case, people do not give decision for six months.