Law Minister disagrees with CJI Thakur’s claim: ‘120 appointments made this year, second highest since 1990’

"We respectfully disagree with him (CJI). This year we have made 120 appointments. The second highest of 121 is of 2013.

By: PTI | New Delhi | Updated: November 26, 2016 6:10 pm
Chief Justice of India, SC judges, CJI T S Thakur, SC judges appointment, SC judges vacancies, Ravi Shankar Prasad Union Law Minister Ravi Shankar Prasad.

Differences between judiciary and government continued to be aired in the open with Chief Justice of India T S Thakur today saying there is shortage of judges in high courts and tribunals requiring government intervention, a view Law Minister Ravi Shankar Prasad strongly disagreed with. “500 judges posts are vacant in the high courts. They should be working today, but they are not. At present, there are several vacant courtrooms in India but no judges available. A large number of proposals are still pending and hope the government will intervene to end this crisis,” Justice Thakur said while addressing an All India Conference of Central Administrative Tribunal (CAT).

Disagreeing with the CJI, the Law Minister said the government has made 120 appointments this year which was the
second highest since 1990. The highest number of appointments of 121 were made in 2013, Prasad said.

ALSO READ: ‘Courts lying vacant without judges’: CJI TS Thakur lambasts Centre

“We respectfully disagree with him (CJI). This year we have made 120 appointments. The second highest of 121 is of
2013. Since 1990 there have been only 80 appointments. 5,000 vacancies are there in the lower judiciary in which the government of India has no role to play. That is something only for the judiciary to take care.

“As far as infrastructure is concerned, that is a continuous process. Where the larger issue of appointment is
concerned, there is a Supreme Court decision of making the Memorandum of Procedure (MoP) more transparent, objective, reasonable, fair and the government stand is pending for the last more than three months and we are yet to hear from the Supreme Court,” he said.

The CJI said that “manpower deficit” was also present in the tribunals which also faced the problem of lack of
infrastructure leading to pendency of cases for five to seven years, apart from making apex court judges averse to heading such quasi-judicial bodies.

“State of affairs in the tribunals is giving me the impression that you (tribunals) are no better. You are
suffering from the same kind of deficit, manpower deficit. You cannot set up a tribunal, you cannot set up a bench at so many places because there are no members.” “If the total strength of this tribunal is 65 and if you have 18 or 20 vacancies then it means that you are short by a large number. The working is going to be affected and that is
why you have cases that are more than five years and seven years old,” he said adding “the least that you (government) must do is to ensure that these tribunals run with full strength.”

The CJI also said the tribunals “are not equipped and are lying empty and today a situation has come that no retired Supreme Court judge wants to head the Tribunal. I am pained to send my retired colleagues there”.

“Government is not ready to give proper facilities. Vacancy apart from infrastructure is a major concern for the
Tribunal,” he added. During the conference, the CJI said there was a need to amend the rules for appointment of chairpersons and members of various tribunals so that the judges of the high courts can also be eligible for the posts.

Speaking at the event, Prasad, who is also the Union Minister for Electronics and Information Technology, said that
the CAT has been a unique experience even amongst the tribunals since it is a successful blend of judicial and
administrative excellence. He said CAT has rendered a “yeoman’s role in the evolution of service matters and framing of rules”.

He said that the rising number of appeals against CAT judgements before high courts and the Supreme Court compounds
the problem of pending litigations, and suggested exploring the idea of inter-court appeal as an alternative. Supreme Court judge Justice J Chelameswar said that lack of precision in the law and judicial rulings favouring both the rival parties are the prime reasons for the mounting arrears in service-related litigations.

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First Published on: November 26, 2016 4:47 pm
  1. B
    Bggr.Bagawat
    Nov 26, 2016 at 12:56 pm
    DIRECTIVE from BJP dead(intended) quarter.:lt;br/gt;lt;br/gt;All Buggeredup Joomla Party do heads are asked to put their Kafkaesque brain to full use in opposing the CJI!lt;br/gt;lt;br/gt;Kafkaesque-having a nightmarishlycomplex, bizarre, or illogical quality
    Reply
    1. N
      Nanjundappa
      Nov 26, 2016 at 12:51 pm
      I would rather believe a rebelling judge than a perennially scoundralized INDIOTIC politician that has lived its entire life on the hard earnings of others.
      Reply
      1. A
        Abhi
        Nov 26, 2016 at 2:33 pm
        This guy has hidden is head in feki . That's why he's speaking BS like this.
        Reply
        1. A
          ak dev
          Nov 26, 2016 at 1:29 pm
          Because your as s is filled with red chillies.
          Reply
          1. A
            ak dev
            Nov 26, 2016 at 1:34 pm
            CJI is a useless guy.
            Reply
            1. A
              ak dev
              Nov 26, 2016 at 1:26 pm
              and yours is corruption.
              Reply
              1. A
                Ashish Biswas
                Nov 26, 2016 at 12:46 pm
                Imcresa of judges will hardly affect our system of justice. Better the government must fill up shortages in the armed forces and the police before filling up judges.Also the nation should seriously think going back to jury system.
                Reply
                1. S
                  subhasis
                  Nov 26, 2016 at 12:04 pm
                  respected cji sir, if the indian army will start saying that they cannot defend the border due to shortage of staff, then what will happen to the country as a w?
                  Reply
                  1. S
                    subhasis
                    Nov 26, 2016 at 11:59 am
                    there are so many other ways to minimize the pending cases. for example you can restrict some cases where the decision of the lower court will be final, in some other cases hon'ble high court will have the final say. only the serious cases should come to the supreme court. also the adjournments should be limited. hon'ble supreme court should not unnecessarily interfere in the legislature matter where the govt is duly elected by the people of india.
                    Reply
                    1. B
                      b khosla
                      Nov 26, 2016 at 11:54 am
                      Praise be to Modi he is the lord master. Why do you need judges?
                      Reply
                      1. D
                        Damaru Prasad
                        Nov 26, 2016 at 1:14 pm
                        Problem lies in judiciary clubbed with legislature and executive as sacrosanct and beyond the ambit of the government of the day and legislature put together by the voters. These judges are like witches who have tasted blood. Comfortable life and space to throw weight around and remaining anonymous. I envy them!!
                        Reply
                        1. S
                          Sudershan Goel,
                          Nov 26, 2016 at 4:48 pm
                          A huge clean up is needed in Judiciary. This can possibly happen only when all appointments - from lower judiciary to the highest - is handed over to an independent agency. The "Indian Judicial Service" should be introduced as soon as possible. The process of removal of HC and SC judges need to be made simpler as the present system of their "impeachment" is too complicated. There should be a separate independent agency to monitor and discipline corrupt judges.
                          Reply
                          1. S
                            Sudershan Goel,
                            Nov 26, 2016 at 4:51 pm
                            A huge clean up is needed in Judiciary. This can possibly happen only when all appointments - from lower judiciary to the highest - is handed over to an independent agency. The "Indian Judicial Service" should be introduced as soon as possible. The process of removal of HC and SC judges need to be made simpler as the present system of their "impeachment" is too complicated. There should be a separate independent agency to monitor and discipline corrupt judges. lt;br/gt;The way lower judiciary is functioning, Judges at all level needs greater and stricter surveillance to check corruption.
                            Reply
                            1. S
                              Sudershan Goel,
                              Nov 27, 2016 at 2:07 am
                              At times cases are adjourned because the judge is too incompetent and/or indecisive. All this because of lack of accountability.
                              Reply
                              1. H
                                hbn
                                Nov 26, 2016 at 12:38 pm
                                please p on a box of tissues to the cji....
                                Reply
                                1. H
                                  hameed mohamed
                                  Nov 26, 2016 at 4:53 pm
                                  the rulling govt has much intereste in judges appointment why do they want judges who are favaourble to them need to be appointed why it is dela and why it has not been programed to fill vacant position well before 3 months so that the judges can shift and get comfort hanle their positions
                                  Reply
                                  1. I
                                    Indian
                                    Nov 26, 2016 at 1:59 pm
                                    Facts are in the public domain. Centre had been sitting on 77 recommendations for 9 months, without replying. Hasn't done anything to appoint Lokpal either for 2.5 years.
                                    Reply
                                    1. I
                                      Indian
                                      Nov 26, 2016 at 2:04 pm
                                      First clear the 77 that were sent. Nothing excuses centre sitting on names for 9 months without replying. No progress on Lokpal either for 2 and a half years.
                                      Reply
                                      1. I
                                        Indian
                                        Nov 26, 2016 at 2:03 pm
                                        Nothing excuses centre sitting on names for 9 months without replying. No progress on Lokpal either for 2 and a half years.
                                        Reply
                                        1. I
                                          Indian
                                          Nov 26, 2016 at 2:05 pm
                                          Sorry, the PM used up all the boxes after demonetization.
                                          Reply
                                          1. J
                                            Jayanti lal
                                            Nov 26, 2016 at 2:04 pm
                                            Looking into the work culture of courts,even if all vacancies of judges are filled there will be no improvement in disposal of pending cases. Judges appointed from lawyers are always ready to oblige their fraternity of Lawyers appearing for litigating lt;br/gt;parties most of the cases objective of lawyers is to get stay order and then forget about the cases.
                                            Reply
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