Law Minister RS Prasad Denies Any Standoff Between Executive and Judiciary Despites Several Vacancies Across High Courts
(Judicial Quest News Network)
While responding to the Rajya Sabha Member P.Wilson, Union Law Minister Mr. RS Prasad has stated that there were 398 Judges vacancies in the High Courts across the country, as of September1,2020.
In February this year Senior Advocate & Member of Rajya Sabha Wilson had raised the question of mounting Judicial vacancies in High Courts.
In his letter responding to to Mr. P. Wilson, Union Law Minister RS Prasad has clarified that the same is due to non-Adherence of timeline for recommendation Judges by the High Courts and not Due to any stand-off between the Executive and the Judiciary.
“Filling up the vacancies of Judges in the High Courts is Continuous elaborative process between the executive and Judiciary as it requires consultation and approval of various constitutional authorities. Differences of Opinion, if any are mutually reconciled by the Executive and the Judiciary to ensure that only apposite person is appointed as High Court Judge. However, the Government id committed to fill up the vacancies in the High Court’s expeditiously.”
Wilson had alleged that “Out of 1079 sanctioned posts of High Court Judges in 25 High Courts, there are 401 vacancies, nearly one-third of sanctioned strength is allowed to lie vacant and the causality is the citizen of this country. The time has come for parliament to resolve the standoff between the Executive and Judiciary in the deadlocking the appointment of High Court Judges to various High Courts within a time limit. Most High Courts are functioning with only 50 percent of their sanctioned strength, it has recently come to light that there are about 213 names recommended for appointment by the Collegium of Supreme Court, but the Governments simply sitting over these recommendations for months together, without getting the approval of the Hon’ble President reasons best known to them.
Replying to these allegations Mr. Prasad Said,
“Differences of Opinion, if any are mutually reconciled by the Executive and the Judiciary to ensure that only apposite person is appointed as High Court Judge. However, the Government is committed to fill up the vacancies in the High Court’s expeditiously.”
He adds that a part of the reason why judicial vacancies keep rising is that the expected time-frame for recommending the judges is rarely adhered to by High Court Chief Justices, In this regard, Prasad ‘s letter states.
“While every effort is made to fill up the existing vacancies expeditiously, vacancies do keep on rising on account of retirement, resignations or elevation of judges. AS part of the MoP, the Chief Justice of the High Court is required to initiate the proposals for filling up of vacancies of Judges in the High Courts six months prior to the occurrence of vacancies this time line is rarely adhered to.”
Prasad had further assured that the Government is committed to fill up the vacancies in High Courts expeditiously. He also informs that recently, as on September 1, the Centre has cleared the appointment of 48 new judges across various High Courts.
[Read Letter]
