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SC flags delay in appointment of judges
Why in news?
- 213 names recommended for appointment to various High Courts(HC’s) are pending with government/SC Collegium- said SC in a judicial order.
More in news
- Order mentioned:
(1) Appointment within 6 months: Names agreed by SC Collegium, HC’s & the govts. should be appointed within 6 months.
(2) Justice delivery mechanism affected: Inordinate delays in the appointment of HC judges & depleting numbers in the higher judiciary threaten to affect the justice delivery mechanism.
(3) Due Procedure:
(a) Court had asked for a list with details of the 213 names, including when their files were forwarded to the Prime Minister’s Office (PMO) and the time taken by the Law Ministry to forward them to the PMO.
(b) On the Supreme Court collegium clearing the recommendees, the Union Law Ministry has to put up within three weeks the recommendations to the PM who would advise the President on the appointment.
(c) No time limit has been prescribed for action by the Prime Minister and the President.
- Falling appointments:
(1) Number of judges appointed to the HC’s had steadily dipped since 2017.
(2) Judicial appointments to HC’s have nearly halved in 2019 (only 65 appointed) compared to 2017 (115 appointed) and 2018 (108 appointed).
(3) The High Courts are functioning at nearly 50% of their sanctioned judicial strength.
(4) Vacancies: Of a total 1,079 judges sanctioned in the High Courts, there are 410 vacancies.
