2 BJP-ruled states divided on selection of trial court judges

NEWDELHI: Two BJP-ruled states —Madhya Pradesh and Ass am— took contrary stand son Monday before the Supreme Court on the issue of a centralised mechanism for appointment of judges to the trial court.

While Sh iv ra jSingh Chouha n’ s government supported the idea, the Sarbananda Sonowal government in Ass am expressed strong reservations. The submissions were made before a special bench headed by ChiefJu st iceJS K he h ar who took cog ni san ce of a letter written by the law secretary to the SC registrar general.

It had, on May 9, converted a letter written by Union justice secretary Snehlata, highlighting the problem of unfilled judicial vacancies in subordinate courts, into a PIL.

Senior counsel Vijay Hansaria, appearing for Assam and the Gauhati high court, said “If the proposal is accepted, the high court would be left with performing mere ministerial work of formally recommending the candidates selected by the Central Selection Committee to the Governor for appointment.”

When CJI Khehar said the issue was discussed with all the chief justice son July 22, Hans aria denied the presence of Gauhati chief justice. On behalf of Madh ya Pradesh, senior counsel H ari sh Salve supported the proposal, saying there was a need to make the rule of law a reality. “Sometimes you have to get out constitutional habits to find innovative solutions,” he said, pointing to 25% of vacancies in the subordinate courts. Assam’s opposition came days after West Bengal—a non-BJP ruled state — opposed the mechanism. The move, it said, was against the basic structure imbibed in the Constitution.

The court reiterated all statespecific rules and reservation policy would continue to be adhered to even after the new recruitment system comes into effect. It was primarily aimed at doing away with the inordinate delay in judicial appointments in subordinate courts, it said.

The court will heart he matter on Tuesday.