November 19, 2009 Vacant Posts of Judges Bullet Points 254 of 886 judgeships in 21 High Courts a ross !

ndia to be va ant as on " t 2009 11 High Courts #et to initiate proposa$s to fi$$ up posts that %ere va ant in 200& 2,&00 p$us va an ies in 'istri t Courts 4 va an ies in (1)member *upreme Court (0+&6 mi$$ion ases pending in ourts ,ovt to bring Commer ia$ Court -i$$ in %inter session Backgrounder .he appointment of a /ammu and 0ashmir High Court 1dditiona$ /udge %as announ ed as ne% figures ref$e ted over t%o per ent rise in High Court va an ies a ross !ndia+ 'istri t /udge Hasnain 2asoodi appointment as 1dditiona$ /udge redu es va an ies in the 14) member /ammu and 0ashmir High Court from five to four)) 28+5& per ent or about the nation average+ 3igures from 'epartment of /usti e sho%ed 254 of 886 judgeships in 21 High Courts a ross !ndia to be va ant five %ee4s ago, up from 2(4 va an ies re orded four months ago+ !n per entage points that amounts to va an ies gro%ing from 26+41 on /u$# 1, 2009 to 28+6& on " tober 1, 2009+ .hose, and 2,&00 p$us va an ies in 'istri t Courts, not to mention 4 va an ies in (1)2ember *upreme Court, have been a ause of on ern in a nation fa ing serious issues of dis ip$ine ompounded b# ourt de$a#s and mounting penden #+ .he !ndian ourts bet%een them are estimated to have as man# as (0+&6 mi$$ion ases pending, %hi h gives a g$impse of unreso$ved onf$i ts iti5ens $ive %ith and a perspe tive on va ant judgeships hard$# affordab$e+ .he issue has been a 4no%$edged b# the government at the highest $eve$, %ith 6rime 2inister 2anmohan *ingh having stressed the urgen # of fi$$ing up Court va an ies+ 7.he e8isting va an ies in High Courts are 9uite high in number and need to be fi$$ed up urgent$#,: 'r *ingh to$d a mid)1ugust /oint Conferen e of Chief 2inisters and Chief /usti es+ 'r *ingh not on$# stressed 79ui 4$# fi$$ing up these posts,: but appointing 7meritorious individua$s+: His emphasis on merit ref$e ted another serious on ern pertaining to a judi iar# %hose image has ta4en a beating no% and then even though it has been appointing its o%n in the 1990s+ .aint has be ome a ause of on ern, %ith /udges sometimes a$$eged$# invo$ved in misbehavior 1

that ma# raise 9uestions about judging as %e$$ as transparen # or a ountabi$it# a judi ia$ s#stem is supposed to promote+ ;a% and /usti e 2inister 2 <eerappa 2oi$#, briefing journa$ists a fe% %ee4s ago, spo4e of government desire to steer $ear of tainted persons in appointment of judges+ -ut persistent va an ies ma# be resu$ting in stif$ing merit the 6rime 2inister stressed, s ho$ars sa#+ 7!t is ver# unfortunate,: said 6rof * N *ingh, dean of 'e$hi =niversit# ;a% 3a u$t#, 7that the Chief /usti es and senior /udges do not find time to fi$$ the va an ies+ >fforts to fi$$ va an ies are supposed to begin si8 months before a retirement is due)) a date 4no%n the moment a judge is appointed+ -ut 'r 2oi$# dis $osed some time ago that at $east e$even High Courts %ere #et to initiate proposa$s to fi$$ up a$$ the posts 7that %ere va ant in 200&+: .he High Courts? 1$$ahabad, 1ndhra 6radesh, -omba#, Ca$ utta, Chhattisgarh, ,ujarat, Hima ha$ 6radesh, /har4hand, 0arnata4a, 0era$a and 6unjab and Har#ana+ 2inistr# offi ia$s e8p$ain that senior judi ia$ appointments are a domain of a *upreme Court o$$egium ta4en over through a 199( judgement in the *upreme Court 1dvo ates on @e ord 1sso iation vs =nion of !ndia+ !f /udges appointing /udges %as e8pe ted to improve the 9ua$it# of jurispruden e, man# have been disappointed, espe ia$$# given the opa it# of the pro ess in p$a e+ * ho$ars and professiona$s sa# %hat is sore$# missing is transparen #+ >8perts a 4no%$edge that %ith some (0 mi$$ion ases pending in ourts, man# for de ades, and just 1&,602 judges san tioned against a re ommended 55,000 strength, va an ies ma# be the $ast thing the !ndian ourts an afford+ .he situation is ausing serious hardship to $itigants+ 3ormer 1ttorne# ,enera$ *o$i / *orabjee sees va an ies as a resu$t of not rea$ising the seriousness of the matter, sa#ing there %as no other e8p$anation+ <a an ies are indeed hard to e8p$ain onsidering that a poo$ of 9ua$ified andidates an be reated to dra% on+ 7.here is no 9uestion of va an #,: sa#s former ;a% 2inister *hanti -hushan+ 7.he pro ess of appointment is s hedu$ed to begin si8 months or so ahead of a va an # and shou$d not ta4e more than a oup$e of %ee4s+ *o %here is the 9uestion of va an #A: Comp$i ating matters are s#stemi de$a#s in disposa$ of ases aused b# ineffi a ious $a%s and pro edures and un ontro$$ed osts, $eading $a% professiona$s a 4no%$edge+ *u h fa tors, added to the sho 4ing$# $o%)) 6+5 per ent)) onvi tion rate in serious rimes, te$$s potentia$ $a% brea4ers ho% eas#)) 9(+5 per ent han e)) it ma# be to get a%a#)) hard$# a deterren e to rime+

.opping the $ist of 21 High Courts in va an ies reported b# the 'epartment on " tober 1 is Chhattisgarh, %ith nine out of 18)) or 50 per ent)) posts %aiting to be fi$$ed, fo$$o%ed b# 6atna %ith 48+84 per ent va an #, 1$$ahabad, 48+1(, and 1ndhra 6radesh, 40+82+ .he# %ere fo$$o%ed per entage point)%ise b# the High Courts of ,ujarat and /ammu and 0ashmir, both (5+&1, 6unjab and Har#ana, ((+82, "rissa, (1+82, Ca$ utta, (1+0(, and /har4hand, (0+00+ "n the ne8t rung %ere @ajasthan, 25+00, =ttaran ha$, 22+22, Hima ha$ 6radesh, 18+18, 2adh#a 6radesh, 16+28, -omba#, 1(+((, 0era$a, 1(+16, ,auhati, 12+50, 'e$hi, 10+42, 0arnata4a, 09+&6, 2adras, 8+((, and *i44im, ni$+ High courts packed with favourites, says CJI November 14, 2009 !n a damning admission of past ma$pra ti es in se$e tion of judges to High Courts, Chief /usti e of !ndia 0 , -a$a4rishnan saidthe bright and meritorious among 'istri t /udges %ere se$dom appointed as judges of HCs+ Chief /usti es of HCs have been used to fo$$o%ing a pi 4 and hoose po$i # to push their favoured andidates, the C/! said+ B.he anamo$# has been orre ted+ Chenever a va an # in a High Court arises, %e no% fo$$o% a po$i # to onsider a$$ 'istri t /udges %ho have not rossed the age of 58+5 #ears,B /usti e -a$a4rishnan said+ B-# s rupu$ous$# adhering to this po$i # %e have e$iminated the grievan e of the 'istri t /udges,B the C/! said %hi$e sitting on a -en h a$so omprising /usti es 6 *athasivam and 'eepa4 <erma+ *enior advo ate 6 6 @ao, appearing for t%o 'istri t /udges, %as e8pressing his $ientsD grievan e that the# had not been onsidered for the post of High Court judges+ He as4ed if there %as a po$i # to ensure e9uit#, %ou$d it not be better that the judi iar# adopt it as a %ritten ru$e+ .he C/! said? B>ar$ier, HC C/s used to de$a# re ommending names of 'istri t /udges and %aited for seniors among them to retire so as to for%ard names of their favoured one+ -ut no% ea h and ever# 'istri t /udge %ho has not rossed the age of 58+5 #ears is ta4en in the 5one of onsideration for e$evation to the HCs as judges+B .he C/! %as against ma4ing the po$i # a %ritten ru$e+ He said? B.here are a $ot of advo ates %ho are appointed to the HCs as judges+ Cou$d %e possib$# frame a %ritten po$i # regarding the manner in %hi h their names are onsideredA .hen ever# advo ate %ou$d fi$e a petition a$$eging that his name had not been onsidered for the post of HC judge+B B-# s rupu$ous$# fo$$o%ing the ne% po$i # %e have brought in reasonab$eness, %hi h %as not there ear$ier+ .he se$e tion pro ess has been stream$ined+ -ut, no one has a right to get promotion+ .he# have a right to be onsidered for the post+ Chen the right to promotion is absent, there ou$d not be a servi e ru$e or %ritten po$i # regarding that,B he $arified+