38.6c New Delhi, India, Monday, May 27, 2024
Legislative Corner

High Courts Functioning with 50% Strength While Centre Shamelessly Sitting on Recommendations For Appointments

By Dyuti Pandya      05 February, 2020 01:02 PM      0 Comments
High Courts Functioning with 50% Strength While Centre Shamelessly Sitting on Recommendations For Appointments

On the 4th of February, 2020, Rajya Sabha lawmaker - P Wilson had raised the issue of the alarming emergency prevailing with the appointment of judges in High Courts across India. The Central Government has been sitting on recommendations even as most of the High Courts are functioning with 50% of their sanctioned strength. 

Wilson construed that the time has come for the Parliament to resolve the long standing issue between the Executive and the Judiciary in the deadlock for the appointment of High Court judges within a fixed time span. 

About 213 names that had been recommended for appointment by the Collegium of the Supreme Court but the Government has just been sitting over these recommendations without getting the prior approval of the President for months now. The lawmaker also added that the processings should take place within a clear and mandatory time frame. 

"Such an inordinate delay in the processing of names recommended by the Supreme Court collegium directly affects the administration of justice, which is a sovereign function," Wilson said.

The number of judges appointed to the High Courts have been steadily decreasing after National Judicial Appointments Commission (NJAC) case - Supreme Court Advocates on Record Association & Ors. v. Union of India (decided on 16th October, 2015). In the year 2017, 2018 and 2019, only 115, 108 and 65 judges were appointed to the High Courts respectively. 

"Simultaneously, due to retirements and elevations, the vacancies continue to increase. Therefore, in my view, if this situation continues, the functioning of the High Courts throughout the country will be totally crippled, which does not benefit national interest," Wilson said.

"Access to Justice is an inalienable fundamental right of citizens. This right is defeated if our higher judiciary is crippled due to vacancies. People should not lose faith in the judiciary and adopt extra-constitutional methods due to the delay in disposal of cases," he added.

It was also argued that the Government sends back the recommendations of the Chief Justices of High Courts repeatedly without giving valid reasons. 

A request to the Prime Minister, Minister of law and Justice and Cabinet Ministers have been made to take a decision on the recommendations that are pending and "ensure that there is a mandatory time frame in the MOP for each stage of the appointment process".



Share this article:



Leave a feedback about this
TRENDING NEWS

courts-this-week-law-street-journals-weekly-round-up-of-sc-and-hcs-may-20-may-25
Trending Judiciary
Courts this Week: Law Street Journal's Weekly Round-Up of SC & HCs [May 20 - May 25]

Get the latest updates from the Supreme Court of India and the High Courts ! Here’s a round up of the week's top legal stories in a quick, easy-to-read summary.

26 May, 2024 11:25 AM
arvind-kejriwal-moves-supreme-court-to-extend-interim-bail-by-week-for-medical-tests
Trending Executive
Arvind Kejriwal moves Supreme Court to extend interim bail by 1 week for medical tests

Arvind Kejriwal seeks Supreme Court extension of interim bail by one week for medical tests in Delhi excise policy case amid ongoing ED investigation.

27 May, 2024 11:24 AM

TOP STORIES

agarwal-family-plans-to-sell-haldiram-for-rs-71000-crores-as-next-generation-steps-back
Trending Business
Agarwal Family Plans to Sell Haldiram for Rs. 71,000 Crores as Next Generation Steps Back

The Agarwal family plans to sell Haldiram, valued at Rs. 71,000 crores, with a Blackstone-led consortium bidding. This marks India's largest private equity buyout.

21 May, 2024 03:32 PM
13-year-old-boy-booked-for-impregnating-15-year-old-sister-after-watching-porn-together
Trending Crime, Police And Law
13 Year old boy booked for impregnating 15 year old sister, after watching porn together

Minor siblings watch porn together brother rapes and impregnates sister. Police official probing the matter shared that the siblings tried to have sex for the first time in Dec 2023, but failed.

21 May, 2024 03:54 PM
replacing-colonial-era-codes-new-criminal-laws-to-come-into-effect-on-july-1
Trending Judiciary
“Replacing colonial-era codes,” new criminal laws to come into effect on July 1

“Replacing colonial-era codes,” the new criminal laws to come into effect on July 1. However, Section 106(2) of the Bharatiya Nyaya Sanhita (BNS) has been put on hold. Read the full article to know why.

21 May, 2024 04:57 PM
offences-under-section-354d-ipc-and-section-506-ipc-are-personal-to-parties-rules-supreme-court
Trending Judiciary
Offences Under Section 354D Ipc And Section 506 Ipc Are Personal To Parties: Rules Supreme Court

The Supreme Court quashed stalking and criminal intimidation charges to preserve marital ties, invoking Article 142, deeming the offences personal to the parties involved.

21 May, 2024 05:40 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email