The center must erase the names of the HC judges sent in schools in 6 months: SC
NEW DELHI: As the Center has more than 100 names sent by the college run by CJI for appointment as judges of the higher courts for months, although there are 40% of vacancies, the government has set six months for The government eliminates all these recommendations.
A bank of judges and K M Joseph noted that the president and prime minister have not prescribed a time limit under the procedural memorandum for the appointment of judges in SC and HC, although other authorities involved in the process have set deadlines.
According to the MOP, appointments must begin at least six months in advance and, thereafter, a period of six weeks is specified for the governor or prime minister of the state in question to send the recommendation to the minister of law of the Union. Thereafter, a report should be prepared immediately and sent to the Supreme Court College in four weeks.
After the SC school deletes the names, the law ministry must present the recommendations to the Prime Minister in three weeks, who then must advise the President.
The court said appointments could be delayed if the government returned the names or when the SC and HC colleges disagreed. But the names, once approved by the school, should lead the government to make a decision without delay.
“However, in cases where the recommendations of the HC school comply with the approval of the SC school and the government, at least their appointments must be made within six months. This does not mean that in other cases the process should not be completed within six months, ”said the bank.
Figures from all over India show that against a sanctioned force of 1,079 judges in the higher courts, the work force is only 669. There are 410 vacancies and it is stated that 213 recommendations are in process with the government or the SC college while the Names have not yet been approved. Be received from HC colleges for 197 vacancies.
The court said it will limit its procedures to 213 pending names with the government or the SC college and asked the lawyer K K Venugopal to provide information on when the process began and the time it took several authorities to clear the names. He said the data will help analyze how to optimize the system and avoid delays.
The court noted in its order that in 2019, only 65 judges for the HC were appointed on December 2 versus 115 in 2017 and 108 in 2018. He said the delays could result in a judicial jam in the HC as the main court has expedited the appointment process in the lower judicial system and it is likely that more appeals will be filed in the HC in the coming days.