Justice Joseph, who is a member of the collegium, said it was the "governments duty" to act on the recommendations of the names and dubbed the executives failure to discharge their duty as "abuse of power.?"
Indicating that the Congress had gone slow in its bid to impeach Supreme Court Chief Justice Dipak Misra, senior Congress leader and former law minister Kapil Sibal said an impeachment motion is not "instant coffee".
This is not a workable option, said justice Sikri, "It will not be feasible to interpret that the "chief justice of India" could mean the entire collegium (five senior judges)".
It said that such an authority should be exercised by the CJI in consultation with the senior judges of the Supreme Court in keeping with the various pronouncements of the court. But the principle of Caesar's wife applies to the Union government - which has been sitting on collegium recommendations for appointment of KM Joseph and Indu Malhotra as SC judges - as well.
The letter follows a recent public address by Justice Kurian, where he termed judiciary a watchdog of democracy, which should both bark and bite.
In these circumstances, I am of the view that following the precedent in Justice Karnan's case, we should take u the matter on the judicial side in a Bench of first seven or more as you please.
Mr Dave claimed that a top court judge, who had served as a CJI for two weeks, had listed several business matters before himself and gave reliefs.
"What you are aggrieved by is the manner in which the power is being exercised". We are not able to sit for the second phase since the fate of the first phase is not yet known.
Besides, he said the depleted strength of 24 judges instead of 31 are reeling under the pressure of work.
"The dignity, honour and respect of this institution is going down day by day since we are not able to take the recommendations for appointment to this Court to their logical conclusion within the normally expected time".
Justice Sikri pointed out that hundreds of cases are filed in the court every day and at least a lakh cases annually.
He noted that the CJI 's "personal efforts" to resolve the crisis had not proved fruitful. Unless such a surgical intervention is made at an appropriate time, the child in the womb dies. "In the allocation of cases and the constitution of benches, the Chief Justice has an exclusive prerogative", the bench that also comprised Justices A M Khanwilkar and D Y Chandrachud said.
The Supreme Court on Friday agreed to examine a petition seeking to regulate the Chief Justice of India's (CJI) administrative discretionary power to constitute benches and allocate important cases.
In an unprecedented move, on January 12, four senior Supreme Court judges, including Justice Chelameswar, had called a press conference to express their displeasure with the CJI Dipak Mishra and with the way he was assigning cases.