Skip to main content

Govt of India "callous" to ordinary litigants' problems: Rejection of 13 names as Allahabad HC judges

Prashant Bhushan
By Our Representative
The Campaign for Judicial Accountability and Reforms (CJAR), led by top anti-corruption crusader, Supreme Court advocate Prashant Bhushan, has taken strong exception to the Government of India (GoI) rejecting 13 names recommended as judges for the Allahabad High Court by the Supreme Court collegiums.
Calling it “an affront to the institutional independence of the judiciary”, even as suggesting “callous disregard to the problems of the ordinary litigant”, CJAR in a statement has said, “As per the law well settled by the Supreme Court in the Second and Third Judges' cases, the GoI is not entitled to engage in an endless back and forth over the recommendations for appointment of judges to the High Court and the Supreme Court.”
CJAR says, “Once the recommendations are re-iterated by the collegium of judges, the GoI is constitutionally obligated to process the recommendations and appoint such persons as judges at the earliest.”
Calling GoI's action “unwarranted and unconstitutional”, CJAR underlines, “The Allahabad High Court suffers from the highest number of vacancies in judicial posts, and thereby a crippling problem of delay and arrears in disposing of cases.”
It adds, “Far from working with the judiciary to address these issues and ensuring the quick reduction of vacancies, the GoI has stalled the process for ulterior motives.”
Asking the GoI to cease the current “charade” and “resolve to act in accordance with the law and the Constitution and address the problems of the litigants by immediately appointing all the recommended persons to the Allahabad High Court”, CJAR says, “The repeated raising of petty objections suggests that the GoI has no intention of letting the judiciary fill the posts with competent, independent minded judges.”
Condemning the “disturbing trend”, and asking the judiciary to remain “firm, independent and uncompromising check on the government”, CJAR has characterized 2016 as the “year of abrasive disagreement between the judiciary and the government especially over the issue of judicial appointments”.
It says, there has been “complete opacity” on the part of both GoI and the Supreme Court in “disclosing a draft of the memorandum of procedure for appointments to the High Court and Supreme Court.”
“This process has been shrouded in secrecy”, it says, emphasizing, it excludes “public participation in this crucial process”. It adds, repeated requests from CJAR for a draft of the memorandum to be shared and have discussions on it have “received no response.”
Giving other instances of GoI’s “disregard” for law, CJAR says, “The government has not appointed Lokpal despite Parliament enacting the law in 2014. The Whistleblowers Protection Law also remains un-notified.”
Worse, it says, “Existing bodies such as the Information Commission have suffered due to large number of vacancies for long periods, with the resultant inability to carry out their mandate, which further undermines the objective of the law.”
Then, referring to the VIP copter scam, “in which politicians may now to be a focus of CBI probe”, CJAR says, “It becomes apparent why the government in a deliberate dereliction did not convene a meeting of the selection committee to select a full-fledged CBI director as mandated under the law.”

Comments

TRENDING

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Critics of your government should not be in jail: PUCL shoots open letter to Modi

Counterview Desk In an open letter, Ravikiran Jain, national president, and Dr V Suresh, general secretary, People’s Union for Civil Liberties (PUCL) have taken strong exception to Prime Minister Narendra Modi’s view that raising human rights issues can ‘tarnish’ the country’s reputation, stating, those who raise human rights concerns do it “through established United Nations mechanisms such as the UN Human Rights Council, the Office of the UN High Commissioner of Human Rights.”

Dalits 'celebrate' Constitutional Power Era in 12,500 villages of 16 districts on Nov 26

By Pradip More*  It is a fact that the majority of the people do not have much knowledge about the law, and especially the Constitution. Yet, today's younger generation is becoming increasingly aware of its rights. One wished it would have been good if it was taught about the Constitution well in the schools.

When judges behave more like priests, delivering sermons from high podium...

By Ajit Singh*  The theory of separation of power found its origins in ancient Greece but with the passage of time it became widespread in other parts of Europe. Early proponent of the theory Greek philosopher Aristotle in “Politics” argued that implementation of constitution in letter and spirit can only be possible if the three elements among whom the power has been distributed are well arranged.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

'We are scared to even raise our voice': Delhi sewer workers tell roundtable

By Our Representative  A roundtable attended by more than 100 sewer workers in Delhi, saw sharp voices against the contract system, poor wages and lack of any social benefits. Organised by the Dalit Adivasi Shakti Adhikar Manch (DASAM), which has refused to reveal the identity of the sewer workers who spoke on the occasion for fear of retaliation from the authorities, saw workers complain that have been working for more than 10 years, hoping that someday they would be made permanent.

Govt of India's 'narrative' of hate, 'clarion call' for onslaught on civil society: Ex-babus

Counterview Desk  Addressing “fellow citizens”, the Constitution Conduct Group (CCG), having former prominent civil servants as it members, has said that recent assertions by National Human Rights Commission National Human Rights Commission Justice (retd) Arun Mishra, the Prime Minister and General Bipin Rawat, Chief of Defence Staff, portent a deliberate and disturbing strategy to “deny civil society the space and wherewithal for its operation.”

Muck being thrown in Uttarakhand rivers: Villagers face 'existential' crisis

By Vidya Bhushan Rawat*  The Uttarakhand government must act fast to clear the path of Dhauli Ganga river about two kilometres ahead of village Neeti and about one kilometre from Ghamsali village, which is about 90 kilometer from Joshi Math town in district Chamoli. The creation of an artificial lake due to throwing of muck and mud can create a catastrophic situation like what happened on February 7, 2021-- the Rishi Ganga-Dhauli Ganga tragedy at Tapovan and Raini village in which over 200 people lost their life.

How Indore turned into water minus city after authorities 'managed' Water Plus title

Water harvester cleaning up hyacinth from an Indore river By Rahul Banerjee*  Recently, the city of Indore was declared the first Water Plus city in India under the Swachh Sarvekshan programme of the Ministry of Housing and Urban Development for its ostensibly exemplary waste water management. However, the reality is quite different as a detailed study of the prevailing wastewater management situation in the city shows.

UP govt 'ignoring' demand to fill up teachers' posts despite unemployment: Rights groups

Sandeep Pandey with Shikha Pal Counterview Desk  Commenting on the unique protest undertaken by Shikha Pal atop an overhead water tank for nearly four months, the Socialist Party (India), in association with several civil rights group, Yuva Shakti Sangathan, Socialist Yuvjan Sabha and Rihai Manch, have wondered why has the Yogi Adityanath government is so “insensitive” towards her demands and is looking the “other way.”