Thread by @barandbench

A special bench of the Supreme Court Bench headed by CJI SA Bobde to shortly hear a plea filed by an NGO, Lok Prahari, seeking appointment of additional judges to the #SupremeCourt under Article 128 of the Constitution #judgesappointment #topcourtjudges
@rsprasad

CJI to MP HC: is it your stand that you will.not reply to ad hoc appointment suggestion since you want regular appointment?

SN Shukla: That is Uttarakhand HC

CJI: who is for Uttarakhand?

CJI repeats the same question to Uttarakhand HC

Adv Vinay Arora: There are four vacancies. We want to fill that first and then look at the backlog.

CJI: is it so that you will consider names of ad hoc appointments and send to #SupremeCourt

Arora: Yes

CJI: we don't want system of regular appointment to be stalled for ad hoc appointments. But there are suits pending for 30 years which also include criminal trials. It is not a matter of opinion but fact that judges who have been there for 15 to 20 years they can dispose it off

CJI: pendency can be controlled and once it is done the tenure of ad hoc judges end. They will be considered as the junior most and is not a threat to anybody with regard to seniority

CJI: Ad Hoc judges is not an idea if top court or Lok Prahari. This is a constitutional provision and this provision is not being used. We will. Lay down guidelines stating if pendency goes beyond certain limit for say more than 8 or 10 years, the

CJI: then Chief will automatically recommend the appointment of ad hoc judge. After SC collegium approves they can sit and it can be extending. Other factors like accomodation has to be looked into it.

CJI: now we want suggestions of all high courts it can be negative too

ASG RS Suri: Centre's view is that after regular appointments are filled we are open to this

CJI: we are not sure how much cooperation we are recieving from you regarding that. But ad hoc judges are not a threat

Allahabad High Court: We are completely supporting the plea. In 2016 we had recommended 6 names as ad hoc judges but there was no outcome

CJI: you are talking of regular or ad hoc?

Allahabad HC: regular vacancies my lord. But we support ad hoc appointments too

CJI: Article 224 refers to the collegium and it cannot act without assent of the President

Senior Adv R Basant reads Article 224A

Justice SK Kaul: process of appointing a regular judge will have to be followed. We cannot say that HC Chief Justice can suo motu appoint ad hoc judge.

Senior Adv Vikas Singh: 224A is non obstante. 224A carves out a separate scheme. If it has to go through same rigour of appointing regular judges then the objective is lost. Not withstanding means notwithstanding anything

Senior Adv Atmaram Nadkarni appears for Registrar General Supreme Court

Matter adjourned to the first week after Holi

Matter to be taken up on April 8.

CJI asks all parties to file their replies. matter to be heard finally

CJI to ASG Suri: Please submit your suggestions too.

#SupremeCourt

Supreme Court now hears a plea regarding vacancies in High Courts.

Senior Adv Singh: This is the first issue which has to be dealt with

Justice Kaul: There should be a reasonable time frame where the law ministry has to respond. After collegium recommends they have to reply in a time bound manner. Each stage there needs to be a thought process

Justice Kaul: There are 45 names which has been recommended by High Courts but not sent to collegium. There are names we have cleared but the law ministry has not cleared them yet since more than 6 months.

CJI: My brother Justice Kaul has prepared a chart. We will forward it to you (Centre) Will you make a statement regarding clearing the 55 names

CJI: Mr Attorney, we do not have the response. We will send the chart. We want you to make a statement.

AG: we will

Senior Adv Vikas Singh: Supreme Court lawyers should also be considered for judgeship

CJI: we do recommend

Singh: that does not happen usually

CJI: problem is not with collegium but with some bar association in some states

Matter adjourned.