Can't Indicate Total Time Taken For Process Of Judicial Appointments : Law Minister In Lok Sabha

Union Minister of Law and Justice Ravi Shankar Prasad has said that the total time taken in the process of judicial appointments in High Courts cannot be indicated.

He was replying to a question raised by Kerala MP Rajmohan Unnithan on the issue of judicial vacancies.

The following queries were raised by the MP :

• a. the total number of posts of the judges of High Courts that remain unfilled in India.
• b. the total number of collegium proposals pending for the approval by the Government, and
• c. whether the Government has set any time frame for filling the judicial vacancies in High Courts, and if yes, the details thereof?

Replying to these questions, the Law Minister said :

"The proposals recommended by various High Court Collegiums for appointment of High Court Judges are under various stages of processing with the Government and Supreme Court Collegium as per procedure prescribed in Memorandum of Procedure.

Filling up of vacancies in the High Courts is a collaborative and integrated process, between the Executive and the Judiciary. It requires consultation and approval from varioius Constitutional Authorities both at Centre and State. Hence total time taken in the process of appointment cannot be indicated".

On Tuesday, Rajya Sabha MP Senior Advocate P Wilson had raised the issue of mounting vacancies of HC judges in Rajya Sabha. He said that the government was sitting over collegium recommendations, leading to inordinate delay.

Last year, a division bench of the Supreme Court comprising Justices Sanjay Kishan Kaul and K M Joseph had expressed alarm over the increase in vacancies of High Court judges- nearly 40%. Later, the same bench ordered in December 2019 that the Government must appoint the recommendees approved by SC collegium within six months.

It is also pertinent to note in this regard that the draft Memorandum of Procedure has not been yet finalized by the Central Government as per the recommendations in the NJAC judgment.