Collegium system fine till SC decides on anti-NJAC pleas, says Gowda

Saurabh Malik

Tribune News Service

Chandigarh, March 27

More than six months after the National Judicial Appointments Commission Bill, 2014, was passed, Union Minister of Law and Justice DV Sadananda Gowda today said for the time being there was no impediment in the appointment of judges under the previous collegium system.

He also made it clear that the scales of justice were balanced in favour of judicial reforms. As a part of the process, the national litigation policy would be announced soon. Amendments to the Arbitration Act too were on the cards.

Talking to media after attending a function in the Punjab and Haryana High Court on its 60 years celebrations, Gowda said the legal validity of the two Acts passed last year to create the National Judicial Appointments Commission had been challenged in the Supreme Court; and appointments could not be made under the new system till the apex court gave its decision. “Till then, the collegium system would continue,” he said.

Gowda added that the vacancies of judges were required to be filled and it was imperative to provide infrastructure to the advocates across the country. Gowda said more than three crore cases were pending in the courts throughout the country, primarily because of shortage of judges and judicial officers.

The assertion comes at a time when shortage of about 265 judges in high courts across the country has led to ever-increasing pendency of cases. The approved strength of judges in the 21 high courts in the country is 895. But only 630 are hearing cases. The situation is hardly any better in the Punjab and Haryana High Court, with 54 judges against the sanctioned strength of 85.

Gowda said the government was ready with Bills that would reform the whole judicial system and looking forward to passing at least two to three Bills in the coming session. He claimed the government was committed to providing good governance and speedy justice to the citizens.

The Constitution (121st Amendment) Bill, 2014, and the National Judicial Appointments Commission Bill, 2014, were passed in August last year. The President has since assented to them before publication in the official gazette of India.

But the government has so far not notified the date from which the Acts will come into force due to pending petitions in court. The ministry has also deferred framing rules and procedures on NJAC’s functioning, letting in the process the collegium system to continue. The SC collegium has already elevated Justice Amitava Roy.

The Law Minister also said nine amendments to the Land Acquisition Bill would in all probability resolve the issues raised by farmers.

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