Chief Justice of India Justice Thakur has reportedly criticized the Government for its approach towards appointment of High Court Judges.
“The process of appointing High Court judges begins from the state where candidates are approved by a committee and gets nod from the Governor. The Intelligence Bureau (IB) also submits its report about the candidates and the file reaches a committee headed by the CJI. Two Supreme Court (SC) judges are also part of that committee and only clear names of deserving candidates. The file is then sent to the Union Ministry of Law for approval. I fail to understand why the government sits on this file when it passes through such a difficult process,” He said
According to the TOI report Justice Thakur said “at a time when people are languishing in jails and others are crying for justice, the government can't be sitting over the proposal (on judges' appointment) for more than two months".
"Now in a system where judiciary is working at half strength people are languishing in jails, people are crying for justice, the Chief Justice of the high court and the senior most judges of the high court have considered a person suitable, it has gone through the chief minister and the Governor, it has reached the law ministry, it has gone through scrutiny of IB, it has come to the Supreme Court collegium and the Chief Justice and other senior judges have seen it and have removed unwanted and undeserving and sent the only most deserving of the candidates”. He said
"Today there are 450 vacancies in the high courts across the country. 450 is a large number which is almost 50 per cent of working strength of the high courts... You also know there is a delay in filling those vacancies, which was been halted due to the bringing of National Judicial commission," He added.
Justice Thakur also emphasized the need of social audit of the Government;
"...It is actually the protection of the rights of the people for whom the laws were made that you act. It is not for any personal glorification that the court act, it is for the enforcement of these laws. I don't know but I think time has come when you do audit of the performance of the government, when we need to do audit of the government by some processes.."
He was speaking after inaugurating a workshop on “Workers in unorganised sector, their aspirations, challenges and way forward” organised by the Jammu and Kashmir State Legal Service Authority (SLSA).