CJI TS Thakur breaks into tears over government inaction on vacancies

In an unusual precedent, Chief Justice of India (CJI) Tirath Singh Thakur on Sunday broke down at a conference where Prime Minister Narendra Modi was also present. It was a joint conference of chief justices of high courts and chief ministers. Thakur lamented about the government's "inaction" for filling up the vacancies in courts to handle the "avalanche" of litigation.

Breaking down several times in his 45-minute-long speech, the CJI blamed the Centre for the delay in appointing judges. He said the efficacy of the judicial system is so vitally connected to the development of the country, particularly when we invite people to Make in India and foreign direct investments.

In his scathing criticism against the government, he said the Centre chose not to lift a finger to help reduce the "impossible burden" judges carry and aid the cause of justice delivery despite a Law Commission report in 1987 warning that the country is slipping into a crisis where the ratio of the number of judges to the population is grossly inadequate. The report had recommended 10 judges per one million population.

"… the poor litigant (he paused as his voice choked up with emotion) languishing in jail and also in the name of the country and progress, I beseech you to realise that it is not enough to criticise the judiciary…," the CJI said.

Concerned over the delay on the part of the government to appoint judges, Justice Thakur cited the data of cases in the apex court in the past four months and said that overworked judges have to dispose them of.

There were 17, 482 cases in the apex court alone and 16,474 have been disposed of since he took over as CJI in December last year. He said there are 434 judicial vacancies to be filled up as of date.

"This is thanks to the long time the NJAC case took to be decided," he said, referring to the year-long litigation in the Supreme Court (SC) over the government's attempt to replace the SC Collegium with the National Judicial Appointments Commission (NJAC).

Judges' appointments to the high courts and the SC had remained frozen as the court battle had raged on. "Once the litigation was over, a concerned collegium cleared pending proposals for judicial appointments in six weeks. We had already appointed 54 high court judges, whose cases were pending with us before the NJAC case. Fifty per cent of the proposals were turned down by us as we did not want the slightest blemish on the name of the judiciary. But 169 proposals are still pending with the government… " Justice Thakur said and asked PM Modi as to how long the government would take to process these proposals.

He read out a letter from his predecessor, Chief Justice of India (now retired) Altamas Kabir, who had written to then Prime Minister Manmohan Singh on February 21, 2013, requesting the latter to take steps to increase judges' strength over five years to at least 50 judges per million.
Justice Thakur then read out Singh's reply, in which the latter acknowledges that judges' numbers have to be increased manifold, but ends his letter by passing the blame to the state governments for not taking the "initiative."
He said that at least 5 crore cases are filed every year and judges dispose of only 2 crore.

He said the 1987 Law Commission had recommended 40,000 judges in the country to tide over the problem of pendency of that time.

The emotional appeal of the CJI forced Prime Minister Narendra Modi to deliver an unscheduled speech immediately after the former took his seat on the dais. In his shortest address, Modi assured his government would sit with judges and work together for a more efficient tomorrow.

Retired judicial officers to work as ad hoc judges: CJI

The conference of chief ministers and chief justices of high courts on Sunday adopted a resolution to invoke a constitutional provision to appoint retired judicial officers as ad hoc judges.

Justice Thakur announced here that the conference adopted a resolution that Article 224 A will be invoked to allow chief justices of high courts to appoint retired judicial officers as ad hoc judges.

This article states that the chief justice of a high court, with the previous consent of the President (Centre), request any person who has held the office of a judge of that court or any other high court to sit and act as a judge of the high court for that state.

These judges will be appointed for two years or till the time they attain the age of 65. The CJI said these judges can also preside over holiday courts on Saturdays and Sundays.

In the apex court, there are six vacancies against the sanctioned strength of 31 judges, including the CJI. (PTI)