Judicial Appointments Conundrum Post-NJAC Verdict

Govt. behind delay in posting of HC judges: SC


Mains Paper 2: Polity | Structure, organization & functioning of the Executive & the Judiciary

From UPSC perspective, the following things are important:

Prelims level: Appointment procedure in judiciary

Mains level: Rising vacancies in High courts and SC and its consequences

Delay in appointment of judges

  1. SC said that the government is inordinately delaying the appointment of judges to High Courts
  2. Judicial vacancies in the 24 High Courts are at an all-time high

HCs also at fault

  1. Instead of sending the fresh names to the government for vetting a month prior to an anticipated judicial vacancy, the names are sent late or not sent at all
  2. In case the fresh names are sent to the government, the files are kept pending at the Executive level for long before they are sent to the Supreme Court Collegium for approval
  3. Even after the clearance of the names by the Collegium, these remain pending at the level of the Executive

Effect of delay

  1. Sometimes, it takes more than one year to complete the process from the date of forwarding the names till appointment
  2. As a result, the careers and tenures of future High Court judges recommended by the Supreme Court Collegium are invariably cut short
Notify of
Inline Feedbacks
View all comments