DELHI HIGH COURT CRITICIZES CENTRAL GOVERNMENT FOR DELAY IN APPOINTING JUDGES
Category: Legal News
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BACKGROUND
The Collegium which is the system under which the Judges in the higher judiciary of India High Court and Supreme Courts are appointed is based on the Judicial precedent. In this case, a Select Committee, composed of senior judges, makes recommendations for judges for appointment. It is however worth mentioning that these recommendations can be approved or are for review by the executive branch which the Central Government forms part of. This has most times resulted in frustrations and the emergence of so many issues where the judiciary has accused the government of philosophical conservatism or delay in giving clearance to names presented by the collegium.
The Delhi High Court’s remarks appear at a time when there are signals of increasing vacancies in the judiciary. They realized that out of the sanctioned judge posts in the Delhi High Court, around fifty percent are still lying vacant because of which the progress of the cases gets completely stalled. This is a nationwide phenomenon, where different High Courts face the problem of staff shortages which in turn contributes to a huge number of accumulated cases.
KEY ASPECTS
- Vacancies and Case Backlog:Delhi High Court has pointed
out that the connectivity is present for a reason – having vacancies in
the positions that may yield justice is challenging, the appointments of
more judges do not only slightly affect the formation of the judiciary but
also lead to the increase of the number of cases in India. This
imagination also shows that there are few judiciary officers responding to
handling and solving cases that are still piling in judiciaries leading to
slow delivery of justice.
- Friction in the Appointment
Process: Among
the issues addressed constantly is the collegium system and its relations
with the Central Government. The judiciary believes that excessive time
taken by the executive in the consideration of the recommendations made by
the collegium compromises the independence of the judiciary while on the
other hand, the government is concerned that the practice of the collegium
is not transparent and open.
- Impact on Judicial Efficiency: The Delhi High Court observed that the delay in appointment has
affected judicial productivity and did not spare the litigants and the
citizens of the country coming under its jurisdiction. Having many cases
pending especially in Delhi which is one of the congested areas; it is
necessary to increase the number of judges to improve the competency of
disposal.
- Judiciary’s Call for Prompt Action: The following statements from the court are a word of caution to the government on its duty of overseeing the performance of the judiciary. The criticism serves to reinforce the fact that the court system needs clearance of appointments to be effected as quickly as possible to avoid paralysis of administration.
CONCLUSION
This fact is best exemplified by the recent outburst by the Delhi High Court against the Central Government for delay in judicial appointments, which established that judicial vacancies are a major challenge in the Indian Judiciary. That however is where the branches interrelate in the resolution of this problem bearing in mind that the struggle between the executive and the judiciary on the collegium system still continues. The appointment of judges should begin at the earliest opportunity not only to enhance the independence of the judiciary power but also to protect the constitutional provision of the citizens to receive justice. This is a bench within the judiciary and where there is a delay in cherishing justice further then one will end up with a case backlog and the populace will lose confidence in the judiciary.
OLQ is a Pan-India basis law firm connecting legal expertise nationwide.
WRITTEN BY: PAYAL DEVNANI
GUIDED BY: ADVOCATE ANIK
