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The SC Collegiumhas not been able to meet since the 20thof April owing to the lockdown and the meetings are very extensively those which require various facets of deliberations which cannot be conducted on Video Conferencing. There are dicusiions which contain Information from the intelligence Bereau reports, and the risk of taking a chance where such information can be compromised cannot be taken. There are a total of 120 proposals, which include over a dozen which were returned by the Centre for reconsideration which have been pending since then.
The Collegium consists of the CJI Shard. A. Bobde , and the top four judges of the Supreme court – Justice Arun Mishra, R.F. Nariman, N.V Ramana and R. Banumathi. During their last meeting before the lockdown, they had cleared names of lawyers which were to be elevated in Andhra Pradesh , Telangana and Karnataka High Court. The passed a resolution approving three judges to the Calcutta HC. Since then two resolutions pertaining to the elevation of a trial court judge in Kerala and another relating to the transfer of a Judge.
The Center and Judiciary have been at loggerheads over appointments to the judiciary. They blame each other for the 40% vacancy in the High Courts. With a a capacity to appint 1079 Judges to the High Courts across the country, 388 remain vacant. According the the data from Ministry of law and justice, Calcutta is short of 34 judges, Allahabad 57 and Delhi 28.
When the Suo motu case was registered against the government for not clearing the names of 213 judges the government counter attacked the judiciary for sending in the proposed names late. The even though there is a directive for completeting this process within 6 months, the same was not complied with.
With the increasing backlog of cases from before the Pandemic consolidated with the ones that have been postponed due to the lockdown and the one’s that will arise after , it is a matter that requires immediate and urgent attention.
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