Government yet to clear 23 HC judges, says CJI NV Ramana

Tribune News Service

New Delhi, July 5

Chief Justice of India NV Ramana on Tuesday said 23 recommendations for the appointment of High Court (HC) judges were pending with the Central government even as 381 of the total 1,108 sanctioned posts of judges in 25 HC remained vacant.

Stresses need for arbitration system

Arbitration is the best suited dispute resolution mechanism for the commercial world. It is an effective alternative to traditional litigation. NV Ramana, CJI

AG’s consent sought on contempt action

Advocate CR Jaya Sukin has written to Attorney General KK Venugopal seeking his consent to initiate contempt proceedings against former Delhi HC judge SN Dhingra and two others for criticising judges who said suspended BJP spokesperson Nupur Sharma was responsible for the violence over her remarks.

“The Central government is yet to transmit another 120 names received from various HCs to the Supreme Court collegium. I have been reminding the government to expedite the process so that the remaining 381 vacancies can be reduced considerably. I am hoping for some forward movement in this regard,” Justice Ramana said in the presence of Law Minister Kiren Rijiju.

The CJI was speaking at the inaugural session of a conference on ‘Arbitrating Indo-UK Commercial Disputes’ organised by the Federation of Indian Chambers of Commerce & Industry (FICCI) and the Indian Council of Arbitration in London.

Justice Ramana, however, said after he assumed the office, in addition to filling up 11 vacancies in the Supreme Court, the collegium could secure appointment of 163 judges to various HCs as well.

“India is rated to be one of the fastest-growing economies. In trade and business, as in any human relationship, differences of opinions and conflicts are bound to occur. To achieve the title of an investor-friendly destination, India needs to establish and strengthen an efficacious mechanism to address these issues and ensure that business continues to operate without much hassle. This is where alternate dispute resolution and particularly arbitration plays a significant role,” he noted. “Although arbitration is not new to India, I must admit it is still a domain that is evolving with changing time,” he said.

Suggesting establishment of more commercial courts for dealing with arbitration cases and nominating experts in the field to be judges of those courts, he said the role of courts in the arbitration process must be supervisory. “We (courts) should not cross the fine line between assistance and interference,” asserted Ramana.

He said various institutional arbitration centres functioning across the world might consider forming a council or confederation. This would enable them to share experiences and adopt best practices. Describing arbitration as “the best suited dispute resolution mechanism for the commercial world”, the CJI said it was an effective alternative to traditional litigation and is regulated primarily by the terms previously agreed upon by the parties themselves.

“The process is consensual, confidential and the result is binding. The parties have the freedom to choose not only the procedure and the laws that govern their transaction, but also have the freedom to choose their own arbitrators and domain experts. This choice provides parties with a sense of neutrality and fairness in the process,” the CJI added.

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