Vacancies, inexperience plaguing Indian Judicial System
NEW DELHI [Maha Media]: Judiciary, one of the three pillars of the democracy in India, is facing major crises due to the twin plagues of “vacancies” and “inexperience.” As per the statement given by nominated Rajya Sabha Member P. Wilson on Tuesday, the High Courts in the country are running at fifty percent of their sanctioned capacity.
Pointing out the alarming emergency, Wilson said, “Due to retirements and elevations, the vacancies continue to increase. Therefore, in my view, if this situation continues, the functioning of the High Courts throughout the country will be totally crippled, which does not benefit national interest,” Wilson said.
“Access to justice is an inalienable fundamental right of citizens. This right is defeated if our higher judiciary is crippled due to vacancies. People should not lose faith in the judiciary and adopt extra-constitutional methods due to the delay in disposal of cases,” he added. On the contrary, while responding to a question in the Rajya Sabha on the judicial vacancies, Union Law Minister Ravi Shankar Prasad responded that “there are 395 number of posts of the judges vacant in various High Courts.”
“The proposals recommended by High Courts Collegiums for appointment of Judges are under various stages of processing with the Government and Supreme Court Collegium as per the procedure prescribed in Memorandum of Procedure (MoP). “Filling up of vacancies in the High Courts is a collaborative and integrated process, between the Executive and the Judiciary. It requires consultation and approval from various Constitutional Authorities both at the Centre and states. Hence, total time taken in the process of appointment cannot be indicated,” Prasad said.