Judicial Independence Is the Soul of the Constitution: SC Blocks Centre’s Attempt to Delay Collegium Recommendations
- ByAdmin --
- 11 Apr 2025 --
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In late 2024, the central government sat on 24 judicial appointments recommended by the Supreme Court Collegium — some for over 10 months.
Legal bodies cried foul. Petitions were filed. And in February 2025, the Supreme Court responded with a historic ruling that redefined the line between executive delay and judicial interference.
The Legal Bedrock
Article 50 of the Constitution directs the State to separate the judiciary from the executive.
The Second and Third Judges Cases (1993 & 1998) established that:
- The Collegium has primacy in appointments
- The Centre must respond within a reasonable time
What the Court Held
- Unjustified delays by the Centre are unconstitutional
- The government must either approve or return recommendations within 60 days
- Repetitive delays amount to contempt of court and breach of independence
“Judicial independence is not a privilege of the judges. It’s the shield of the citizen.”
Implications
- Fast-tracks pending appointments, reducing case backlogs
- Limits the Centre’s ability to politicize appointments
- Reaffirms the judiciary as an equal constitutional organ, not an extension of the government
The last line of defence in a democracy is the judge’s pen. This ruling makes sure that pen stays free.
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