The Hindu : CJs, CMs asked to fill judges' vacancies soon

Online edition of India's National Newspaper
Sunday, Mar 23, 2003

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National

CJs, CMs asked to fill judges' vacancies soon

By J. Venkatesan

NEW DELHI MARCH 22. Expressing serious concern over the inordinate delay in filling vacancies of judges and the resultant arrears of over 3.50 million cases, the Centre has asked the chief justices of High Courts and Chief Ministers to send proposals for filling the vacancies in High Courts as also for vacancies due to arise in the next six months.

According to Law Ministry sources, the Centre has been repeatedly urging the High Courts and the States that the entire process of filling the vacancies of Judges should be undertaken six months before the vacancy is to arise so that the post is filled without any delay.

The process of filling the vacancies is solely dependent on the timely and advance consultation between the Chief Justice of the concerned High Court, the Chief Minister and the Governor of that State.

Of the sanctioned strength of 26 judges in the Supreme Court, at present there is one vacancy and two more are due to arise this year. Regarding High Courts as on February 28, against the approved strength of 647 judges, there are 136 vacancies and 34 more vacancies would arise up to August. The process of filling 65 vacancies are in various stages of consideration.

The proposals for the remaining vacancies are yet to be received from the Chief Justices. Hence the Centre has recently written to the CJs, Chief Ministers and the Governors of various States to expedite the process of sending the recommendations for filling the vacancies.

As despite the best efforts of the Centre to ensure that vacancies are filled within six months as contemplated under the Memorandum of Procedure for appointment of Judges, the Centre is also considering amending the period of six months to one year.

In the perception of the Government, invariably the process gets delayed at every stage as the executive and the judiciary are at loggerheads in many States over the choice of names and Chief Ministers want to have a say in the appointment. It is in this context, the Government is actively considering the proposal for setting up of the National Judicial Commission which could take care of appointment, transfer and promotion of Judges.

The filling up of vacancies in the district and subordinate courts is the responsibility of the State Governments and the High Courts concerned and as on date more than 1,300 vacancies exist at various levels against the sanctioned strength of 12,205 presiding officers.

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