Delay in judicial appointments

With almost 40 per cent judges' posts in various high courts lying vacant, the blame game between the government and the judiciary over the delay in judicial appointments is getting intense. The open spat between a Bench headed by Justice Madan B Lokur and Attorney General KK Venugopal on Friday last is symptomatic of this stand-off. The latest provocation could be the government's decision to return the Collegium's recommendation to elevate Uttarakhand High Court Chief Justice KM Joseph to the Supreme Court which is seven short of its sanctioned strength of 31 judges. The government can return any name recommended by the Collegium for reconsideration in accordance with a Constitution Bench verdict. But the underlying message is clear. If the government is not allowed to have a legitimate say in judges' appointments, it'll resort to tactics that may not augur well for democracy.

The Executive is questioned by the Judiciary for their lapses, and rightly so. Now the Executive has started questioning the Judiciary on judicial appointments. There are certain unanswered questions. Why did the Collegium stop the appointment of judges for a year during pendency of hearing against National Judicial Appointments Commission (NJAC)? Why does it recommend only few names for high courts having huge vacancies? Why has it not recommended 12 names for the Supreme Court where seven posts are lying vacant and five more judges will retire later this year?

While blaming the government for delay in a particular appointment, questions remain. Today the Collegium is a divided house with infighting rendering it dysfunctional. Senior judges have gone public and attempts to remove the CJ Dipak Misra added to the situation.  While the government and the Collegium indulge in a verbal duel, common litigants are suffering. The Collegium system needs reforms to make it truly transparent in line with a Constitution Bench suggestion in the NJAC verdict. If the government is delaying drafting of Memorandum of Procedure for appointment of judges, the top court should take it up on judicial side and decide it. The Government too must leave behind the NJAC nostalgia and move on.