New Delhi: It is improbable that outgoing Chief Justice of India Dipak Misra will make more recommendations for appointment of judges in the Supreme Court.
During his tenure as the CJI, the Collegium, headed by Justice Misra, had the occasion to make recommendations to the government for appointment of 10 judges — an opportunity that did not come up for many of his predecessors.
The Collegium, however, could make recommendations of only four names, including Justice KM Joseph, which had to be sent twice to the government before it was finally cleared.
The other three judges appointed to the top court pursuant to the Collegium's mandate are Justices Indu Malhotra, Indira Banerjee and Vineet Saran.
According to sources, there are going to be no fresh recommendations since the convention desists a CJI to head a Collegium for judges' appointment after naming his successor to the government.
CJI Misra has endorsed Justice Ranjan Gogoi as his successor and, thus, it is highly unlikely for him to now make recommendation for judges' appointments.
Besides, sources add, there has neither been any intimation to the other members of the Collegium nor has any agenda note been circulated by the CJI’s office regarding any proposed meeting of the Collegium on a future date to pick more judges.
“There is absolutely zero indication from the CJI’s office to have any more meetings of the Collegium on judges in the Supreme Court. The job, apparently, is being left to the successor,” said a source.
At present, there are six vacancies in the Supreme Court. Out of the sanctioned strength of 31, the apex court has 25 judges.
By the end of 2018, there will be three more vacancies with retirement of Justices Misra, Kurian Joseph and Madan B Lokur, taking the vacancy count to nine.
Justices AK Sikri and AM Sapre will also retire in 2019 before Justice Gogoi demits office as the CJI in November next year.
Therefore, when Justice Misra has named Justice Gogoi, it also signifies that he has left it to his successor to make one of the highest appointments in the recent past – 11 judges.
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