February,28,2016: Chief Justice of India TS Thakur was on Saturday critical of the Government for the delay in enforcement of laws and appointment of high court judges saying time has come to audit its performance by some process.
He said at a time when people are languishing in jails and others are crying for justice, the government can’t be “sitting over the proposal (on judges’ appointment) for more than two months”.
Inaugurating a two-day legal seminar in Jammu, Justice Thakur said, “…It is actually the protection of the rights of the people for whom the laws were made that you act. It is not for any personal glorification that the court act, it is for the enforcement of these laws. I don’t know but I think time has come when you do audit of the performance of the government, when we need to do audit of the government by some processes,” he said.
On the appointment of judges, he said, the 50 per cent of selected candidates (for judges) which have been cleared (through various stages) are languishing with the government for the past two months.
“Now in a system where judiciary is working at half strength people are languishing in jails, people are crying for justice, the Chief Justice of the high courts and the senior most judges of the high court have considered a person suitable, it has gone through the chief minister and the Governor, it has reached the law ministry, it has gone through scrutiny of IB, it has come to the Supreme Court collegium and the Chief Justice and other senior judges have seen it and have removed unwanted and undeserving and sent the only most deserving of the candidates.
“Why the government should be sitting on the proposal I cannot understand,” he said.
According to Justice Thakur, high courts across the country were running at half the strength which has resulted in delayed justice to the people, but still the government has not cleared the appointments of judges.
“Today there are 450 vacancies in the high courts across the country. 450 is a large number which is almost 50 per cent of working strength of the high courts… You also know there is a delay in filling those vacancies, which was been halted due to the bringing of National Judicial commission,” he said.
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