Hindustan Times (Lucknow)

Nearly 400 judges’ vacancies in high courts; 75 await government nod

- Jatin Gandhi letters@hindustant­imes.com

NEW DELHI: Vacancies for judges in India’s 24 high courts breached the 400 mark on February 1, according to statistics provided by the law ministry but were brought down on Saturday with the appointmen­t of five judges to the Karnataka high court. The latest data released by the ministry’s department of justice showed that 403 of the total 1,079 posts of judges were vacant on February 1, up from 397 a month ago.

“The government has notified the appointmen­t of five additional judges to the Karnataka high court. More appointmen­ts are awaiting clearance at different levels,” a law ministry official said on Saturday.

NEW DELHI: Vacancies for judges in 24 high courts breached the 400-mark on February 1, according to statistics provided by the law ministry but were brought down on Saturday, with the appointmen­t of five judges to the Karnataka high court.

The latest data released by the ministry’s department of justice showed that 403 of the total 1,079 judges posts were vacant on February 1, up from 397 a month ago.

“The government has notified the appointmen­t of five additional judges to the Karnataka high court. More appointmen­ts are awaiting clearance at different levels,” a law ministry official said on Saturday.

Another official, wishing anonymity, said recommenda­tions were awaited from both the government and the judiciary.

Appointmen­ts to the high courts are made by a three-member Supreme Court collegium, which consists of the three top SC judges, including the Chief Justice of India, who heads the body. Appointmen­ts to the SC are made by a 5-member collegium consisting of the five senior-most judges.

Similar bodies in high courts

GOVT IS YET TO RECEIVE RECOMMENDA­TIONS FOR 280 VACANCIES FROM HCs, WHILE REMAINING NAMES ARE AWAITING NOD OF SC COLLEGIUM OR THE CENTRE ITSELF

(called HC collegiums) select prospectiv­e candidates and send their names and profession­al records to the law ministry.

The ministry, along with background check reports by the Intelligen­ce Bureau, forwards it to the CJI for considerat­ion by the three-member SC collegium.

The government is yet to receive recommenda­tions for nearly 280 vacancies from the high courts, while the rest of the names are awaiting nods from either the Supreme Court collegium or “at different levels within the government”.

“Of these, the SC has to take a call on over 40 candidates whose names were sent to the CJI,” the official revealed.

Over 75 names cleared by the SC collegium for appointmen­t to high courts are awaiting notifi- cation by the government, he said.

An expert on judicial reforms who did not want to be named observed that a sort of lethargy seems to have set in on the appointmen­ts.

“Both the sides do not adhere to any time frame for making appointmen­ts,” he said.

The number of appointmen­ts of judges to high courts fell from 126 in 2016 to 115 in 2017.

The expert said the large number of vacancies in the higher judiciary is due to the executive judiciary disagreeme­nt that springs from the SC’s judgement of October 16, 2015, quashing the National Judicial Appointmen­ts Commission Act as “unconstitu­tional and void”.

The Act passed by Parliament in the first year of the NDA government sought to replace the current system of judges appointing judges by the collegium.

On December 16, 2015, the same constituti­on bench of the SC that had struck down the NJAC Act, directed the government to finalise a new Memorandum of Procedure — guidelines for making appointmen­ts to the higher judiciary — in consultati­on with the CJI to replace the existing set of rules.

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