Union law minister Ravi Shankar Prasad
The Supreme Court took exception on Friday to the executive's tendency to slow down the process of appointment of judges to constitutional courts, as experienced after it struck down the National Judicial Appointments Commission Act and re-established the collegium system of "judges selecting judges".
A five-judge constitution bench of the Supreme Court headed by Chief Justice Dipak Misra will take up on March 6 the validity of compensation awarded by governments to unwilling landowners. This assumes significance as the Centre appears to be delaying the appointment of Uttarakhand CJ K M Joseph and senior advocate Indu Malhotra as SC judges.
The decision of the CJI to set up the constitution bench follows this week's criticism by a three-judge bench of Justices Madan B. Lokur, Kurian Joseph and Deepak Gupta over alleged lack of judicial discipline after another three-judge bench headed by Justice Arun Misra on February 8 passed a judgment overruling yet another three-judge bench's view on the land compensation issue.
The process of appointing High Court judges needs to be done expeditiously by those entrusted with this obligation to keep the hopes of litigants alive and provide speedy justice, the Supreme Court said today. "Even after the clearance of the names by the Collegium, these remain pending at the level of the Executive".
The Court said that there have been instances when the entire process takes more than a year to complete after the names have been forwarded to the government by the Collegium.
It said that "enormous delay in appointment of judges of the High Courts not only frustrate the goal and object for which Article 224 (1) was brought into the Constitution but belies the hope and trust of litigant who comes to the High Courts seeking justice and early disposal of their cases". In the first instance, names are not forwarded by the high courts in time. What to talk of sending the names one month before the occurrence of an anticipated vacancy, names are not forwarded even much after the vacancy has occurred.
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The Supreme Court in Sunil Samadria v. Union of India and Others also recommended that definitive timelines be drawn up for appointment of judges to the High Court.
The appointment of the additional judges were made for a period of less than two years and that the same violates Article 224 of the Constitution of India.
The Bench raised the question as to how a three-judge bench could declare the judgment of another bench of equal strength "per incuriam".
It said that members of the Bar, recommended for elevation to the High Courts, were equally affected and it was "unjust that fate of such persons remains in limbo for indefinite periods and gives rise to unnecessary conjectural debates".
Justice Mishra, who was sitting with Justice Amitava Roy, said: "We consider it appropriate that these matters be referred to the Hon'ble Chief Justice to constitute an appropriate bench and to see whether we can proceed with the hearing or not".
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