This article is written by – Himanshu Shukla, Student (IP University, Delhi)
The Supreme Court on Monday expressed displeasure over the government’s adamant attitude on not appointing judges for high courts, even though the recommendations have been approved by the collegium.
Meanwhile, referring to the vacancies, the top court stated that high courts have several judges, wherein it would become nearly impossible to make quick decisions even on important matters.
The apex court said that the government should realize that commercial disputes need to be decided at the earliest, for which there should be an adequate number of judges.
A bench of Justices Sanjay Kishan Kaul and Hrishikesh Roy determined that despite the closing date set through the apex court in its order dated April 20 this year, the judicial institution is facing such a scenario, which seems to have no longer transferred to the government.
We have put before the ASG (additional Solicitor fashionable) that it takes months and years for the suggestions to reach the collegium and thereafter in months and years no decision is taken after the collegium, the judicial body of the high Courts by several judges. The bench stated it might become nearly impossible to make quick decisions even on important issues.
The Supreme Court made the observations while listening to separate petitions against an order of the Delhi high court, wherein a petition had been issued and in a matter associated with challenging a notification to introduce anti-dumping interlocutory application was issued to the parties for submitting replies.
The bench determined that this could rarely be the level of any proceeding in which the supreme court of the country needs to be requested to step in.
The Delhi high court will have much less than 50 percent judges per week, with only 29 judges out of 60 judges, in comparison to 2 years ago when one of us (Justice Sanjay Kishan Kaul) was appointed as a judge, then it was the 32nd judge of the court at the same time as the strength was 33 judges, the bench cited in its order.
It said that normally it would have asked the parties to approach the high courtroom to decide the dispute at the earliest, however it may hardly say so when the excessive court has less than half of the strength.
The bench observed that if there’s some loss because of the judicial body’s lack of ability to take up the cases, it is an immediate result of the insufficient strength of judges.
The bench stated it’s been informed that the government has taken 4 more weeks to report the counter-affidavit, necessitating adjournment of the matter till October 5.
As a result, the government does not recollect it expedient even to file a counter-affidavit while it can file and record special leave Petitions before this court. So much to the urgency expressed by the government of India in the present proceedings, the bench said at the same time as disregarding the petitions.
The top court had expressed that in 15 types of quasi-legal our bodies from Debt recuperation Tribunal to national enterprise guideline Tribunal, 19 posts of managing authorities and afterward 110 and 111 posts of legal and specialized people are vacant separately.