The Apex Court cited the example of the Karnataka High Court (HC), when it observed that there was a time when the number of judges was much more and there was no room for them.
The face-off between the Centre and the judiciary over the appointment of judges continues. In the Supreme Court (SC) on Friday, the situation turned tense when Chief Justice of India (CJI) TS Thakur took exception to the government's delay in filling the vacancies saying: "We (Court) can't sit over a situation where the judiciary is getting decimated like this."
The Apex Court cited the example of the Karnataka High Court (HC), when it observed that there was a time when the number of judges was much more and there was no room for them. Today, the CJI observed, in the same HC, most of the courtrooms are locked as there are no judges.
Despite the SC Collegium's recommendations for appointments to various High Courts, the CJI said that the government is sitting over the files. Looking visibly upset, the CJI, in the jam-packed court room, said: "Are you (Centre) waiting for some change in the system of planning to bring some revolution in the system? This is no way. This will not be allowed. We will take it to its logical conclusion."
"We don't want a situation where institutions will clash. This is not about anybody's ego. Our tolerant approach seems to be not working. If you go on like this, we will re-convene a five-judge Bench and say that the government will not be allowed to scuttle judicial appointments till it frames a new MoP...Do you want that?" the Bench told the Attorney General.
It also warned the Centre that it would summon the Secretaries of the Department of Justice and the Prime Minister's Office, if the government delayed further in the appointment of judges.
"It is finally the institution (judiciary) which suffers. You cannot bring the entire institution (of judiciary) to a grinding halt. If there is a problem with the name of a person, please send it back and ask us to reconsider," the CJI said.
The Bench's ire came after Attorney General Mukul Rohatgi, who was appearing on behalf of the Centre, submitted that the government did not want any logjam with the judiciary, as far as appointment of judges was concerned. Rohatgi said that the delay is due to the Memorandum of Procedure (MoP), which is yet to be finalised.
The CJI said that the draft MoP was getting delayed as there is no unanimity between the government and the judiciary. He added that the government could go ahead with the appointments as per the existing MoP. Earlier also, a five-judge Bench, which had struck down the National Judicial Appointments Commission (NJAC) Act in January this year, had allowed the government to fill vacancies as per the old MoP.
However, the CJI wanted the Centre to expedite the process of appointing judges. The Collegium has already named 16 names, which were sent to the Centre in early August for the Allahabad High Court. The Centre, so far, has only cleared two.
The Bench accepted the AG's submission for more time and the Apex Court asked the government to resolve the matter and get back to it by November 11.
Reacting to the Court's direction, a Law ministry source said: "The Centre is keen to expedite the appointment of judges and as explained in the court, 86 fresh appointments have been made in High Courts, 121 additional judges have been made permanent, 14 chief justices have been appointed and four chief justices transferred."
"Eighteen additional judges have been given extension and four judges to the Apex Court were also appointed. Besides, 33 judges of High Courts have also been transferred," the source added.
As per government data, the approved strength of all High Courts is 1,079. Currently, 464 vacancies remain pending.
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