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  • CJI Ranjan Gogoi Demonstrates His Firm Resolve And Firm Commitment To Expeditiously Fill Up Judicial Vacancies In Lower Courts

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CJI Ranjan Gogoi Demonstrates His Firm Resolve And Firm Commitment To Expeditiously Fill Up Judicial Vacancies In Lower Courts

Courtesy/By: SANJEEV SIROHI  |  26 Nov 2018     Views:1514

It is most reassuring, refreshing and reconsoling to note that for the first time in at least my memory have I ever noticed a Chief Justice of India who even before assuming office outlined his priorities very clearly and courageously – to fill up judicial vacancies especially in lower courts which are at an all time high and also in the high courts and even the Supreme Court and to ensure that justice is accessible to the poor, needy and deprived! We have seen for ourselves how many decades are consumed in deciding a very small petty case what to talk about complex cases like the one of Ayodhya which has been lingering since last more than 65 years! This must now come to an end and CJI Ranjan Gogoi appears fully committed to ensure this!

                                 To be sure, the Supreme Court on November 1 cautioned the States and the High Courts that it will resort to a “centralised selection mechanism” if they do not act promptly to fill the over 5,000 judicial posts lying vacant in the lower judiciary. The Apex Court did not pull back punches in reprimanding the States and also the High Courts for their inefficiency in filling the vacancies in the subordinate judiciary which is staggering at an all time high! It is a national shame that it takes many decades for cases to be decided even in lower courts and despite all this, the judicial vacancies are not filled up and it takes many months for the results of Preliminary exams to come and when it does come then another few months are consumed in conducting Mains and then months in interview and then again a lot of time in declaring the final merit list! Even after the final merit list is declared, it still takes a lot of time for successful candidates to ultimately join! This is especially true in big states like UP which has maximum pending cases and where maximum judges vacancies arise every year!  

                         Not just this, what is noticed is that some High Courts even attach minimum marks with interview for qualifying even though Supreme Court in Himani Malhotra v NCT (State of Delhi) and in other cases also clearly held that there would be no minimum marks for interview as it is whimsical, arbitrary and subject to the whhims and fancies of a single individual! Even vacancies are not notified for many years as we saw in Delhi where no vacancy was notified for HJS from 2010-2013 and in some other states like Haryana, Rajasthan etc the situation was much worse! Worst of all, arbitrary conditions are attached like candidate desiring to appear in exam must have minimum salary of few lakhs in a year as we saw in Haryana from 2014 onwards which deprives those bright lawyers from appearing in exam just because they don’t earn in few lakhs which under no circumstances can ever be justified because money can be no criteria for appearing in an exam for judge! Even eminent lawyers like KTS Tulsi did not get cases for initital few years in Supreme Court so was he not treated as lawyer and how can this be a handicap for barring him to appear in an exam for becoming Judge? By the way, money minded lawyers never want to become judge with few exceptions because for them money is first and top priority and as a Judge their salary is very miniscule when compared to their salary as a lawyer where they can mint money as much as they like by dint of their expertise and skills! This must all end and this is exactly what the CJI wants and very rightly so!

                                      Bluntly put, a Bench led by Chief Justice of India Ranjan Gogoi and also comprising Justice UU Lalit and Justice KM Joseph lambasted the High Courts and the States for not doing enough to fill up judicial vacancies in the lower judiciary both in the PCS and HJS! They held that, “We are telling all high courts and states that we are keeping you under constant gaze. If you cannot fill vacancies, then we will take over and have a centralised exam. We want our judges to be in place.”

                     As it turned out, the Chief Justice of India (CJI) Ranjan Gogoi rebuked the states and high courts for not filling up vacancies. The CJI minced no words in putting across his firm and blunt message by observing that, “Our gaze is on all states. If the vacancies cannot be filled by you, we will take over and do what is needed….There are hordes of applications by candidates who are deserving and what are you doing? Nothing was initiated to address the issue till we began monitoring! Our recurring queries have also not yielded any definite replies!”   

                                What is even more disquieting to note is that even Centre itself is not happy with all this! The Centre has proposed a centralised examination to fill them up, pointing to a staggering 2,76,74,499 cases pending in subordinate courts! Statistics reveal that there are 5,223 vacancies in trial courts! Why still have states and high courts miserably failed in filling up vacancies in time and in ensuring that results are declared in time and soon fresh vacancies are notified? Why was there no sense of urgency? With what face will now they accuse Centre of meddling in their domain when they have just not ensured the filling up of judicial vacancies in time? What is the point in now opposing the suggestion?

                                        As things stand, the situation in Delhi and Haryana was discussed as an example. It was pointed out by the Bench that Delhi had taken at least a year to fill up just 200 vacancies! Pulling up the Delhi High Court, the CJI said that, “It is taking over a year to complete the selection and recruitment when the number of posts is only 200. This casual attitude is not justified!”

                                  As if this was not enough, in Haryana, the Bench revealed that the examination held in 2015 for filling up 60 posts of Judges was announced and 19,000 law graduates applied but it was cancelled and the fresh advertisement issued in 2018 attracted a huge rush with 13,000 more candidates applying which understandably led to collapse of the official website on the last date of application. No wonder, CJI Ranjan Gogoi was constrained to remark that, “All high courts and public service commissions (agency that holds exams) have been very casual.” All High Courts and Public Service Commissisons which is the agency that holds exams must seriously do a lot of self-introspection because it is none other than the CJI and 2 Judges of the Apex Court also along with him who have come to this unpalatable conclusion which is a stark reality and cannot be bruhed away lightly!

                                             Not stopping here, CJI added that nothing was initiated to address the issue till the Supreme Court began monitoring it on the administartive side. Even then, he rued, recurring queries have not yielded any definite replies! Both States and high Courts have a lot of explaining to do on this count!

                                         It may be recalled that it was on October 22 that the Bench headed by CJI Ranjan Gogoi took up the matter on its own volition under Article 142 of the Constitution and ordered all state governments and High Courts to update it on the status of recruitment of lower court Judges and whether the timeline for selection as laid down by the top court in a 2006 verdict by a Bench headed by the then CJI YK Sabharwal in April 2006 in the Malik Mazhar Sultan case was being followed. As per the order, appointment of new Judges to subordinate courts has to be completed in nine months. The vacancies must be notified by March 31 and they must be filled up by October 31!

                                   Be it noted, passing a suo motu order in the wake of the alarming number of vacancies for the post of Judges in the subordinate judiciary across the country, CJI Gogoi had required all the High Courts to relay to the registry of the Apex Court the following information by October 31 –

·      The dates on which the recruitment processes for lower and higher judicial services have been initiated and are expected to be completed;

·       Whether the time taken or likely to be taken is beyond the schedule prescribed by this court in Malik Mazhar Sultan v. UP Public Service Commission (2006). If yes, the reasons be furnished by the concerned registries;

·      Whether time expected to be taken to complete the ongoing process can be shortened to comply with the guidelines in Malik Mazhar which the court undertstands to be prescribing the outer time limit and not the minimum period;

·      The number of vacancies which have occurred in respect of the civil judge and the higher judicial services cadre since the date of issuance of advertisement of vacancies till the date on which the processes are expected to be completed;

·      Whether the infrastructure and manpower in different states are adequate if all posts which are borne in a cadre are to be filled up.

                              It would be imperative to mention here that deciding to examine the status in batches, the Bench summoned in person the Registrar General and authorized representatives of the Chief Secretaries of Uttar Pradesh, Maharashtra, West Bengal, Chhattisgarh, Delhi and the North-Eastern states on November 15 to be present for fast forwarding recruitment process. It would certainly not be an exaggeration to conclude that  this is the most historic and commendable step taken by the CJI for which the whole nation must stand indebted to him instead of targeting him for not focusing on issues which in his opinion are not as important as this! The Bench of Apex Court headed by CJI has also asked the Registrars General of the concerned High Courts, the Secretaries of the State Public Service Commissions as well as the Authorized Officer(s) of the States concerned to interact with senior and eminent lawyer Shri Shyam Divan who is Amicus Curiae in this vital case to present the result/position before the Court in as precise a manner as possible!

                                         Needless to say, if what has been commendably and courageously undertaken by CJI to fill up  all judicial vacancies in the lower courts in next nine months is undertaken expeditiously, it would be the biggest revolution in judiciary ever witnessed till now and it will certainly witness the huge pending cases coming down considerably! Who will not like this to happen? Only those who place vested interests above national interets! Not even a single Judge post should ever be vacant under any circumstances just like the post of MP and MLAs are never kept vacant and immediately bye elections are held whenever the seat becomes vacant due to any reason like death of sitting MP or MLA etc! With CJI Ranjan Gogoi at the helm of affairs we all have every reason to be pretty confident that the filling up of all vacancies in lower courts will no longer be a mirage or utopia and will certainly translate into palatable reality by expeditiously filling up the vacancies for which the CJI undoubtedly deserves full credit as it is his firm resolve and firm commitment that he right from the day he assumed office has demonstrated that he means action  and will not tolerate status quo of any kind as long as he is the CJI! Very rightly so!


Courtesy/By: SANJEEV SIROHI  |  26 Nov 2018     Views:1514

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08 Aug 2019     Views:2996
Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:1804
SC Denies Permission to Conduct DNA Tests...
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Whatsapp's fight against interference with User-Pr...
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Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:1575
High Court of Karnataka set aside the retirement o...
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Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:1681
History-sheeter kidnaps and rapes a College Studen...
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No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
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Madras HC corrects the computation error of Motor ...
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Fundamental Right To Privacy Not Absolute And Must...
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Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:1712
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
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Triple Talaq legislation is challenged in the Delh...
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Special Olympics International Football Championsh...
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Concession to be given to disabled persons appeari...
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Bombay High Court Hears Dowry Case Involving A Civ...
03 Aug 2019     Views:1817
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:2078
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:1610
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:1465
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:1497
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:5764
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:2325
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:1520
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:1560
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:1777
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:1476
Delhi HC Imposes Rs. 50,000 Cost On Woman For Fals...
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Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:1430
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1797
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1949
Divorce Cannot Be Granted Only On Ground Of Irretr...
11 Jul 2019     Views:1446
Right To Shelter A Fundamental Right; State Has Co...
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HC Cannot Reverse Acquittal Without Affording Oppo...
06 Jul 2019     Views:1334
Centre Is Legally Empowered To Create A High Court...
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Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:1395
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How To Record The Evidence Of Deaf And Dumb Rape V...
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:2752
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
07 Jun 2019     Views:1370
Insult Of Soldier In Name Of Law Is Most Disgracef...
07 Jun 2019     Views:1677
Courts Cannot Decide Eligibility And Essential Qua...
20 May 2019     Views:4958
SC Upholds Constitutionality Of Section 23 Of PCPN...
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My Unflinching Faith In CJI Stands Fully Vindicate...
20 May 2019     Views:1895
Solitary Confinement Of Death Convict Prior To Rej...
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Section 498A & 306 IPC: Incidents Which Happened M...
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Why Should UP Have Least High Court Benches In Ind...
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“Drop This Episode From Your Minds And Gossips...
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Is The Criticism Of In-House Procedure Justified?...
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Delhi High Court Directs Government To Set Up 18 F...
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Only Advocates Can Plead And Argue On Behalf Of Li...
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Nations Must Make Gun Laws More Stricter...
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Lawyers Resort To Seek Unnecessary Adjournments Am...
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Educated Woman Supposed To Be Fully Aware Of Conse...
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Magistrate Shall Specify Whether Sentences Awarded...
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Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
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Court Has to Confine Itself To The Four Corners Of...
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Long Pendency Amounts To A Special Reason For Impo...
23 Feb 2019     Views:1658
Successive Applications For Recalling Witnesses Sh...
23 Feb 2019     Views:3235
Lieutenant General (Rtd) Cannot Be Tried In A Gene...
06 Feb 2019     Views:2547
Autonomy Of the Bar Cannot Be Taken Over By The Co...
05 Feb 2019     Views:3225
Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:2464
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:2711
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2786
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:2057
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:2176
Rape And Murder Of 8 Year Old Girl: SC Commutes De...
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Mere Allegations Of Harassment Without Proximate P...
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Legal Article Why Should They Speak Lies: Decease...
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NCW is a Lame Duck or Legal Guardian for women...
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Mutual Consent Divorce Procedure in Chennai Family...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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How to get Divorce for Muslim Men ...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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12 Dec 2018     Views:2008
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26 Nov 2018     Views:2435
SLP Against Death Sentence Shall Not Be Dismissed ...
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SC Allows Live-Streaming Of Public Proceedings In ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Courts Have To Adequately Consider Defence Of The ...
26 Nov 2018     Views:1577
CJI Ranjan Gogoi Demonstrates His Firm Resolve And...
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SC Issues Directions On Examination Of Witnesses I...
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Aadhaar Held Mandatory For Government Subsidies An...
26 Nov 2018     Views:1973
Legal Article Now Bar Council ID Card Is Valid Id...
01 Nov 2018     Views:2738
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3821
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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Extra-Judicial Confession Of Accused Need Not In A...
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Court Must Not Go Deep Into The Matter While Consi...
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14 Sep 2018     Views:1853
SC Stresses On Need To Develop And Recognize ‘De...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:2282
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:3130
People Without A Degree Performing Surgeries: Utta...
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Uttarakhand HC Issues Directions For Conserving ...
28 Aug 2018     Views:2349
12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:2131
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1805
Special Squad, Police Patrolling Every 24 Hours To...
20 Aug 2018     Views:1955
NRC Being Prepared Under Supreme Court’s Watch I...
20 Aug 2018     Views:1957
Victims Of Crime Can Seek Cancellation Of Bail: MP...
20 Aug 2018     Views:2114
Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:2160
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:2122
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:2437
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:2402
Courts Must See That The Public Doesn’t Lose Con...
04 Aug 2018     Views:1902
UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1996
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1868
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:3241
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:3234
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:3085
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:2355
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1694
SC Finally Decides Master Of Roster Case...
23 Jul 2018     Views:1642
Stone Pelters And Terrorists Have No Right To Life...
23 Jul 2018     Views:2196
Remove Designations Like Police, HC, Journalist, A...
23 Jul 2018     Views:2173
Why Centre is Providing Security For Separatists B...
23 Jul 2018     Views:1935
Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
05 Jul 2018     Views:2668
Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
05 Jul 2018     Views:1652
Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:2710
No Politics Please Over Plan To Assassinate PM Mod...
11 Jun 2018     Views:2128
Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
07 Jun 2018     Views:3141
Right Of Adult Couple To Live Together Without Mar...
06 Jun 2018     Views:2228
Why BJP Will Be Wiped Out In West UP And UP?...
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Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1837
Women Governed By Muslim Personal Law Can Invoke P...
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Why Is BJP Not Creating More Benches In UP?...
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Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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UP Former CMs Can’t Stay In Govt Bungalows: SC...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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Why Cases Withdrawn Against Stone Pelters In Kashm...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
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Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1792
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:1576
Will Electoral Bonds Usher In Transparency?...
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How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:1658
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:2130
Why Has Stone Pelting Been Legalised In Kashmir?...
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Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:1607
Soldiers Have Every Legal Right To Kill Stone Pelt...
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Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:1578
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:1582
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
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Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
29 Dec 2017     Views:2215
Enviornment protection is for saving universe...
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RIGHT TO PRIVACY AND STATUS OF SECTION 377, IPC, 1...
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RIGHT TO PRIVACY AND DIRECTION FOR MANDATORY AADHA...
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THE PARADOX OF PLEA BARGAINING...
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JOURNEY OF EVMs AMIDST CONTROVERSIES ...
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2G Scam : The 2G Scam and much more...
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Kerala teen surveillance case: Invasion of Privacy...
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