The vice-president of India, Shri Jagdeep Dhankar, stirred a hornet’s nest when he described the Collegium System for the appointment of judges had undone the will of the people expressed through the Parliament. The SC retorted that the government could bring a new law; until then, the Collegium system shall be the Memorandum of Procedure. In 2015, the SC struck down the National Judicial Appointments Commission Act, passed by the Parliament, saying it was unconstitutional.
The SC shall be the final arbiter to validate or rescind laws, which are not in line with the Constitution, stated a three-member bench of the SC. The law minister Kiren Rijju’s sole objective seems to criticize the Supreme Court for arrogating the legislature’s powers. The recommendations for judgeships by the Collegium often are returned after long gaps, and the clearance of the law ministry of the Collegium’s recommendations was just above 50%.
While the fight for retaining control over the appointment of judges goes on between the judges of the Supreme Court and the government, an ad hoc appointment of High Court judges from the practising advocates for 2-3 years has been recommended by the SC. The number of civil and criminal cases in the district courts adds to 42854970. The pending number of cases in the High Courts is 5955683, and the Supreme Court has around 60000 cases to be disposed of (National Judicial Data Grid). Thus, the need for additional judges for the speedy disposal of cases is never doubted.
The flexing of muscles by the judges or the government does not help resolve the issue. It is silly to question who is bigger of the two important pillars, the judiciary and the legislature. Neither must take a rigid stand and challenge the finer aspect of a matured relationship that must coexist in the greater interest of our nation.
Vacancy in High Courts stood at 37% (406 posts vacant out of a sanctioned strength of 1,098). Since May 2021, the Supreme Court collegium has recommended more than 130 names for appointment as High Court judges. In three High Courts (Telangana, Patna, and Calcutta), at least half of the posts are vacant as of last year this time.
The issue is like a bone in the throat, which can neither be swallowed nor spit out. Hurried, whimsical appointments of sub-optimal judges will only rob the quality of justice delivered. Plaintiffs die during inordinate delays in hearings, often stretching for decades.
Legal petitions must be simpler and devoid of incomprehensibility and repetitive jargon, often running into volumes. Unfortunately, many lawyers resort to such extensive expressions to avoid adding supplementary applications and petitions at a later stage. Right now, the judges are engrossed with the issue of the appointments, which are also important. However, no steps are taken to make the laws and the procedures easy and understandable, resulting in inordinate delays in the disposal of cases, which seem to grow by the minute.
The quality of many parliamentarians may not add credence to the argument of a true people’s voice to engage in serious business like the appointment of judges in higher courts. The legislature must first dispel such doubts to claim supremacy over the Collegium.
Sampath Kumar
Intrépide Voix
