'Unconstitutional, Illegal': CJAR Asks SC to Seek Explanation From Govt on Stalling Some Judicial Appointments

The Wire

08-07-2025

Government
The statement comes after two advocates withdrew consent for appointment as judges after their names were segregated by the government from the list of recommended advocates and kept pending for approval.
New Delhi: The Campaign for Judicial Accountability and Reform (CJAR) on Tuesday (July 8) issued a statement condemning the Union government's decision to withhold the appointment of Swetashree Majumder and Rajesh Datar as high court judges despite recommendation from the Supreme Court Collegium.
The statement comes after Majumdar and Datar withdrew their consent for appointment as judges as their names were segregated by the government from the list of recommended advocates and kept pending for approval, while those of the others were cleared.
'The Campaign for Judicial Accountability and Reform notes with deep disappointment the recent withdrawal of consent by Ms Swetashree Majumder and Mr Rajesh Datar due to the inexplicable and unconstitutional delays in their appointment as High Court judges,' the organisation stated.
Majumder, who was recommended for appointment as a judge of the Delhi high court, withdrew her consent as it was kept pending by the government for over a year. Meanwhile, Datar withdrew his consent for appointment as an additional judge of the Bombay high court, after his name was segregated by the government from the list of four advocates who were recommended for appointment as additional judges.
'The same thing having happened with Senior Advocate Mr Aditya Sondhi in 2022, it is unfortunate that no measures have been taken by the Supreme Court collegium to prevent such a recurrence,' it noted.
Calling it 'unconstitutional and illegal', CJAR has called upon the Supreme Court to 'uphold judicial independence' and take immediate steps against the Union government's decision.
It reminded the top court that a writ petition is already pending before it since 2018 seeking a mandamus from the government for 'timely judicial appointments in accordance with law and a direction against unilateral segregation of collegiums recommendations, that is leading to the subversion of the judicial appointment process". However, no effective orders have been passed in this case.
The CJAR has asked the apex court to take up the issue of judicial appointments once again on the judicial side and 'demand explanations from the Union Government on the circumstances under which Ms Majumder and Mr Datar's appointments were stymied'.
'Nothing less than the future of an independent judiciary depends upon it,' the statement read.
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