Fix timeline for judicial appointments, says SC
AS OF JANUARY 1 , THERE WERE 411 VACANCIES OUT OF TOTAL STRENGTH OF 1,079 JUDGES IN THE HIGH COURTS
NEW DELHI: Even as a new memorandum of procedure (MOP) on judicial appointments is pending for almost four years, the Supreme Court on Wednesday urged the central government to set a fixed timeline for clearing appointments of judges to the high courts and the apex court after receiving the recommendations of the collegium. The court said there were 189 proposals regarding appointments pending with the government as on December 31.
Taking a grim view of the situation where certain proposals remain pending before the government for more than six months, an apex court bench headed by Chief Justice of India (CJI) SA Bobde said that all endeavours should be made to ensure appointments come through in a time-bound manner. Out of the total strength of 1,079 judges in the high courts, there were 411 vacancies — more than a third of the total positions — as of January 1.
In 2015, the top court struck down the National Judicial Appointments Commission (NJAC) Act and the 99th Constitutional Amendment, which sought to give the executive a say in the appointment of judges. This judgment held that judicial appointments will be carried on by the recommendations of the collegium, which comprises the CJI and four other most senior Supreme Court judges.
In this judgment, the court had also said that a new MOP should be put in place in consultation with the government to guide all future appointments of judges. A draft MOP was sent by the SC collegium to the Union law ministry in March 2017, but the government returned it, suggesting certain improvements.
Union law minister Ravi Shankar Prasad, in a written reply to a question in the Lok Sabha in March 2020, informed the House that the government’s suggestions have remained pending with the SC ever since.
While the new MOP on eligibility criteria and a timeline for judicial appointments awaits finalisation, the bench, which also included justices Sanjay K Kaul and Surya Kant, called it a “matter of great concern” that the collegium had not heard from the government for months together.