Snehal Upadhyay-
Published on: 10 August, 2021, at 11:37 IST
The Supreme Court has expressed its annoyance on the Union Government for making delay on their part in filling up the mounting vacancies of judges in High Courts across the country.
The Court has passed an order remarking the “recalcitrant attitude” of the government.
A Division Bench comprising Justices Sanjay Kishan Kaul and Hrishikesh Roy gave such remarks while hearing a special leave petition (SPL) filed against the Delhi High Court order in the matter related to anti-dumping proceedings.
The Court noted that “On account of the recalcitrant attitude of the Government, not appointing High Court Judges for years together even where the recommendations have been cleared by the Collegium.”
The Court stated that the government needs to realize that if we need to get an early adjudication of cases on commercial disputes, there is a requirement of an adequate number of judges.
The Centre while issuing a notice, contended that the Delhi High Court had failed to record reasons. The Centre enlightened the Court that the plea which was filed on behalf of the original petitioners was recorded in the order.
The counsel representing the ISMA contended that there might be a possibility of irreparable loss if the appeal is not entertained.
The Supreme Court denied entertaining such appeals by observing that “The stage of notice can hardly be a stage where the Supreme Court of the country should be asked to step in. Delhi High Court will be with less than 50% Judges in a week, having only 29 judges out of a strength of 60 Judges. While two decades back, when one of us (Justice Sanjay Kishan Kaul) was appointed as a judge, it was as the 32nd Judge of the court”, the Court remarked.
By making such observations, the Court dismissed the appeals.
Click here to Read/Download the Order
Also Read: Why appointment of Judges is delayed in India?