Sir — The President declined to accept the recommendation of the Chief Justice of India with regard to the appointment of Mr Gopal Subramanium as a judge of the Supreme Court. In response, Mr Subramanium’s reaction has been unsavoury and unfair. He stated that since he was the amicus curiae in the Sohrabuddin encounter case, it displeased the present Government into not approving his name. The Chief Justice of India also expressed his resentment over the omission of Mr Subramanium’s name.
Article 124(2) of the Constitution states that judges of the Supreme Court shall be appointed by the President. While the President must choose from the names forwarded to him by the collegium, he is not obliged to accept all the recommendations. The power of appointment of judges is vested in the President, not the Chief Justice of India. This controversy was entirely avoidable, as the law is clear on the matter.