Increasing vacancies in courts

GS Paper 2

Topics Covered: Separation of powers between various organs dispute redressal mechanisms and institutions.

Increasing vacancies in courts

Context:

In recent days, the Supreme Court has voiced concern over the Government’s lackadaisical attitude towards the large number of vacancies in High Courts and tribunals.

• The vacancies in High Courts are at a staggering 455, as on August 1.

Concern:

The court has noted that the Centre’s delay in making appointments to the High Courts is adversely affecting the adjudication of commercial disputes.

Reasons for Vacancies in both higher and lower judiciary:

1. Systemic defects in the appointment process most certainly contribute to vacancies in the lower judiciary. For example, exams are not conducted frequently enough to fill vacancies as they arise and even when they are, High Courts are often unable to find enough meritorious candidates to fill the vacancies advertised.
2. A sheer lethargic approach for conducting the appointment process on time is another reason for increasing vacancies.
3. Unclear recruitment procedures, and difficulties in coordination between the High Court and State Public Service Commission, also frequently give rise to disputes and litigations surrounding recruitment, further stalling the process of recruitment.
4. Little quantitative and qualitative data on the appointment process exists, and thus no impactful reform has emerged in the area.
5. Moreover, it is found that the source of the problem often lay in poor infrastructure, from courtrooms to residences for judges.

Impacts and implications:

1. Increase in the pendency of cases.
2. Any failure to allocate the required human and financial resources leads to the crippling of judicial work in the subordinate courts.
3. It also amounts to letting down poor litigants and undertrials, who stand to suffer the most due to judicial delay.
4. Vacancies mean more work for a district’s remaining judges.
5. Heavier caseloads due to vacancies meant they spent less time considering individual cases raises troubling concerns about the quality of justice dispensed.

Need of the hour:

1. Public Service Commissions should recruit the necessary staff to assist these judges, while State governments should build courts or provide working space for them.
2. The recruitment of judges to fill vacancies should also begin earnestly.
3. A smooth and time-bound process of making appointments require a close coordination between the High Courts and the State Public Service Commissions.
4. This coordination should be facilitated by the respective State Governments and High Courts as best as possible.

Insta Curious: 

What differentiates the International Court of Justice from the International Criminal Court and the ad hoc international criminal tribunals? Read Here

InstaLinks:

Prelims Link:

1. What is collegium?
2. How are Judges of Supreme Court and high courts appointed?
3. Appointment of retired judges.
4. Related constitutional provisions.
5. Powers and functions.

Mains Link:

Discuss the issues associated with collegium system for the appointment of judges.

Sources: the Hindu.