The Senior Advocate and member of Dravida Munnetra Kazhagam, Mr. P. Wilson raised the issue of vacancies in our Hon’ble High Courts of the Country. He pointed out that though 213 names are recommended by the Collegium for appointment, the Government remains inactive and the President approval is yet to be received. This results in continuing heavy pendency of cases and substantial reduction in effective justice administration. The Hon’ble Supreme Court expressed its displeasure regarding the same.
During Zero hour session in Rajya Sabha, the Member of Parliament from Dravida Munnetra Kazhagam (DMK) and a Senior Advocate P Wilson raised the issue of judicial vacancies which is increasing every year in High Court of different states in India. He requested the Central Government to frame Memorandum of Procedure (MoP) for appointing judges and imposition of the mandatory time frame for each stage of the appointment. He pointed “it has recently come to light that there are about 213 names recommended for appointment by the collegium of the Supreme Court, but the Government is simply sitting over these recommendations without getting the approval of the Hon’ble President for months together for reasons best known to it”. He explained by saying that one-third of strength which has been sanctioned is lying vacant across different High Courts within the country and there are about 401 vacancies of 1079 sanctioned posts in 25 High Courts. There are High Courts which are functioning with 50 per cent of their sanctioned strength and over the years appointments in the judiciary have declined. Nonetheless, the executive has to break the standoff with the judiciary by breaking the deadlock for appointing Judges in various High Courts within an adequate time limit.
Meanwhile, the Government have proposed guidelines for All India Judicial Services (AIJS) which allow a procedure and progression of the career for those people who qualify the exam to join AIJS. This exam will permit candidates who have a seven-year practice or teaching in a recognized university or college at the same time will qualify for the exam. The eligibility criterion which has been proposed is candidates between the ages of 28 to 35 years of age to be eligible for the test. This exam is meant to induct district level judges and certain percentage will be reserved for civil judges, who will get an opportunity to improve their career prospects.
- The centre is sitting on the recommendations for the post of judges in various High Courts.
- Appointment of Judges after NJAC case has decreased.
- The deficit in judges will influence the administration of justice.
- A recommendation must get cleared in a specified time-limit.
- A division bench comprising of Justices Sanjay Kaul and K M Joseph had uttered their displeasure over the accretion vacancies in High Courts.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
- Live Law. in, ‘Centre Sitting over Collegium Recommendations’, P Wilson Raises Issue Of HC Judges Vacancies in Rajya Sabha. https://www.livelaw.in/news-updates/hc-judges-vacancies-centre-sitting-over-sc-collegium-recommendations-p-wilson-in-rajya-sabha-152317\
- Bar & Bench, High Courts crippled due to vacancies: Rajya Sabha MP, P Wilson urges Govt to clear pending Collegium recommendations within a reasonable time https://www.barandbench.com/news/high-court-crippled-due-to-vacancies-rajya-sabha-mp-p-wilson-urges-govt-to-clear-pending-collegium-recommendations-within-reasonable-time
- The Hindustan Times, Government drafts All India Judicial Services plan https://www.hindustantimes.com/india-news/govt-drafts-all-india-judicial-services-plan/story-5Evr1R2Xy43jNaP7VFTjOP.html