NEW DELHI: For nearly 39% of the existing vacancies in various high courts across the country, HC collegiums have not sent any recommendation yet to govt, law minister Arjun Ram Meghwal told Parliament on Thursday in response to a question whether the Centre was doing anything on the huge vacancies in the constitutional courts.
Against 357 judges post vacant in 23 high courts as on July 19, Meghwal said, only 219 recommendations have been received from various HC collegiums for appointments.For at least 138 remaining vacant positions, no recommendations have yet been made by the collegiums concerned, the minister said.
As per the memorandum of understanding guiding the appointment of judges to HCs, recommendations for elevation of eligible advocates are first made by HC collegium concerned to govt. After vetting by the Intelligence Bureau, these recommendations are then sent by govt to SC collegium for its approval. Once SC collegium recommends a name, it becomes mandatory for govt to appoint them as judges.
“Out of these 219 proposals, 90 were sent to the Supreme Court collegium (SCC) for seeking advice against which the SCC has provided advice on 82 proposals which are at various stages of processing,” the law minister said in response to a question in RS on Thursday.
On the remaining 129 proposals received from HC collegiums, the govt is currently engaged in vetting and processing them for the advice of SCC. The minister said, besides these pending recommendations, five proposals for transfer of judges are under consideration of govt.
“Chief Justice of a HC is required to initiate the proposal to fill up the vacancy of a HC Judge six months prior to the occurrence of vacancy. However, this timeline is often not adhered to by the high courts,” the minister said.
Against 357 judges post vacant in 23 high courts as on July 19, Meghwal said, only 219 recommendations have been received from various HC collegiums for appointments.For at least 138 remaining vacant positions, no recommendations have yet been made by the collegiums concerned, the minister said.
As per the memorandum of understanding guiding the appointment of judges to HCs, recommendations for elevation of eligible advocates are first made by HC collegium concerned to govt. After vetting by the Intelligence Bureau, these recommendations are then sent by govt to SC collegium for its approval. Once SC collegium recommends a name, it becomes mandatory for govt to appoint them as judges.
“Out of these 219 proposals, 90 were sent to the Supreme Court collegium (SCC) for seeking advice against which the SCC has provided advice on 82 proposals which are at various stages of processing,” the law minister said in response to a question in RS on Thursday.
On the remaining 129 proposals received from HC collegiums, the govt is currently engaged in vetting and processing them for the advice of SCC. The minister said, besides these pending recommendations, five proposals for transfer of judges are under consideration of govt.
“Chief Justice of a HC is required to initiate the proposal to fill up the vacancy of a HC Judge six months prior to the occurrence of vacancy. However, this timeline is often not adhered to by the high courts,” the minister said.
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