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Supreme Court urges govt, collegium to clear appointment of HC judges

The remarks come at a time when one-third of the total posts of HC judges are vacant. On February 1, 403 of the total 1079 posts of judges were vacant. Two days later the law ministry appointed five judges to the Karnataka HC

Updated on: Feb 24, 2018, 22:48:02 IST
Hindustan Times, New Delhi | By
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At a time when there is a logjam over appointments to the high courts, the Supreme Court on Friday regretted the inordinate delay in HC collegiums and by the executive in processing hiring of judges.

View of Supreme Court of India, New Delhi. (Sonu Mehta/HT File Photo)
View of Supreme Court of India, New Delhi. (Sonu Mehta/HT File Photo)

The enormous delay in appointments belies the hope and trust of litigants who come to the HCs seeking justice and early disposal of cases, a bench of justices AK Sikri and Ashok Bhushan observed.

Their anxiety was expressed in a judgement the judges authored while upholding the appointment of two retired trial court judges to the Rajasthan high court.

Favouring definite timelines for appointments, the court said it should be a time-bound process.

The remarks come at a time when one-third of the total posts of HC judges are vacant. On February 1, 403 of the total 1079 posts of judges were vacant. Two days later the law ministry appointed five judges to the Karnataka HC.

Experts said the large number of vacancies is due to the executive-judiciary disagreement that emanates from the SC’s judgement of October 16, 2015, declaring the National Judicial Appointments Commission Act as “unconstitutional and void”

Justices Sikri and Bhushan urged all the stakeholders to rectify the situation. It cited a 1993-Constitution bench judgment by the SC to emphasise appointments must be initiated at least a month prior to the date of an anticipated vacancy. “It was done to achieve an ideal situation, namely, to ensure that the post is filled up immediately...” it said.

  • Bhadra Sinha
    ABOUT THE AUTHOR
    Bhadra Sinha

    Bhadra is a legal correspondent and reports Supreme Court proceedings, besides writing on legal issues. A law graduate, Bhadra has extensively covered trial of high-profile criminal cases. She has had a short stint as a crime reporter too.Read More