CONSTANT TUSSLE OVER WHO GETS ULTIMATE CONTROL OVER APPOINTMENT OF JUDGES: CJI DY CHANDRACHUD

Manasi Chavan

A K K New Law Academy, Pune

Justice DY Chandrachud, The Chief Justice of India, said on Friday that there is an ongoing struggle as to who has ultimate control over the appointment of judges, as vacancies arise. Appointments are being delayed for long. He stated this while inaugurating the new premises of the Mumbai bench of the Central Administrative Tribunal.

     “The Chief Justice of India D.Y. Chandrachud stated that the tribunals relieve congestion in the courts and provide timely justice.” According to him, “Some of the goals behind the birth of tribunals were to do away with the backlog in our courts; it was also hoped that these tribunals which are free from the shackles of strict evidence and procedural rule would help to decongest the courts and ensure justice for all.” But still: they remain mired in a quagmire of complaints as a result of challenging the need for others altogether. He flagged the persistent issue of vacancies among judges in his statement, “Once judges are appointed, vacancies emerge, sometimes they take long to be filled.” It, therefore, leads to a tussle between who has the last word over the appointment of judges. He also pointed out that members of the bar & bench lawyers and judges alike of Maharashtra ought to bear this unmistakable fact in mind that they function under much better working conditions than their counterparts in the rest of the country, for the strong governance culture that the state has managed to bring about. But in Maharashtra, that culture is now alive: the government respects independence, does not interfere with the work of judges, and accepts good or bad judgments because that is the culture of Maharashtra," he continued.

     He added that any Mumbaikar would agree on the challenges of finding space in the city. "We often forget about the role of the government in nurturing and improving judicial infrastructure." The CJI further underlined that it is essential to make courtrooms accessible to people with disabilities.

     In addition, he cited that although technology goes a long way in achieving justice, it can never really substitute for other mechanisms; this and one cannot forget the physical access to courts. He pointed out that improvement should focus on meeting the needs of individuals from various backgrounds and sections of society. The infrastructure that is well maintained and accessible does boost the confidence of the public in the state's promise to meet their legal needs. This enhancement makes the process less painful for individuals to navigate through trying times often associated with legal matters. Further, the Chief Justice said that tribunals have been of invaluable assistance to both the courts of the land and the litigants themselves.

     The Chief Justice has noted that a report from the Center for Research and Planning has outlined the infrastructural gaps in the judiciary. The report says there are 4,051 courtrooms less than required for the district judiciary with a sanctioned strength of 25,081 judges. About 42.9 percent of the courtroom has been under construction for the past three years. He said there are numerous hindrances to accessing justice for many people, and how one can be affected by the delays in obtaining justice may differ from person to person. 

     “In a society that still associates intelligence and capability with sex, a delay in proceedings affects the female lawyer more than her male counterpart. She is not merely contending with her immediate rival inside the courtroom; she is up against old socio-cultural stereotypes concerning her natural capabilities to be a lawyer, which complicate matters further”, he stated. While it might seem that the delays impact everyone equally, this is not the case, the Chief Justice noted, pointing out that their repercussions are felt disproportionately by various groups. “Women of the legal profession have managed to survive effectively despite so many adversities,” he said.

     “According to a recent report, out of 16 states conducting recruitment for civil judges at the junior level, 14 had a female selection rate of 50 percent or more among judicial officers,” CJI said. “Hence we must construct our processes and the infrastructure to affect inclusivity architecturally to tackle difficulties and match contemporary realities,” he added. The presence of an administrative tribunal relies on its ability to ease matters in public service employment for litigants. Deserving yet seasoned pensioners or a single mother who has been unjustly terminated, would find it increasingly unbearable to cope with extended and complicated legal procedures, especially against a relatively more powerful opponent, generally the state, in a prolonged trial.

References:

1.     NDTV, "There Is Constant Tussle About Who Will Get Ultimate Control Over Appointment of Judges: CJI", NDTV (Jan. 6, 2025), available at https://www.ndtv.com/india-news/there-is-constant-tussle-about-who-will-get-ultimate-control-over-appointment-of-judges-cji-4646546. 

2.      Live Law, "Tribunal Vacancies Are Kept Open for a Long Time, There's a Constant Tussle for Control on Judges' Appointments: CJI DY Chandrachud", Live Law (Jan. 6, 2025), available at https://www.livelaw.in/top-stories/tribunal-vacancies-are-kept-open-for-a-long-time-theres-a-constant-tussle-for-control-on-judges-appointments-cji-dy-chandrachud-244087.