The Union Law Ministry is examining the list of 51 names recommended by the Supreme Court Collegium for appointment as judges in various High Courts, with 445 of the total 1,079 posts currently vacant.
As the draft Memorandum of Procedure (MoP) for appointments in the higher judiciary has not been finalised, the Collegium has sent more recommendations for further appointments as per the existing system.
Earlier this week, Union Law Minister Ravi Shankar Prasad confirmed that fresh proposals for appointments were under the Ministry’s consideration. He also said deliberations with the Supreme Court on finalising the MoP were under way despite indications that certain issues were yet to be worked out.
The Supreme Court Collegium is learnt to have handed over the finalised draft to the Law Ministry, as per which it will have the final say on any objection by the government to any proposed appointment on the ground of national security and public interest.
The government’s recommendation for setting up of secretariats in the Supreme Court and the 24 High Courts to assist collegiums in the Supreme Court and the High Courts in the selection of judges has also been accepted. However, the suggestion for committees of retired or sitting judges to assist the collegiums in finding suitable candidates has not been accepted.
While the draft MoP is being discussed since January last year, the Allahabad HC tops the list with 76 vacancies. The Punjab and Haryana High Court has 39 posts vacant, while 37 vacancies are there in the Calcutta HC, according to the latest government data.