New Delhi: Six High Courts are set to get new Chief Justices with the Supreme Court collegium recommending their names to the government, three months after scrapping of the controversial law which sought to give a role to the executive in appointment of Judges to higher judiciary.
In its first major recommendation since 16th October last when the collegium system staged a comeback after the National Judicial Appointments Commission Act was declared unconstitutional by the Supreme Court, the Apex Court panel has named six Judges to head High Courts of Rajasthan, Patna, Gauhati, Meghalaya, Karnataka and Gujarat.
Chief Justice of the Meghalaya High Court had retired on 16th January, while Chief Justices of other High Courts had retired last year.
These High Courts, along with the High Courts of Andhra Pradesh/Telangana, Punjab and Haryana and Bombay at present have officiating Chief Justices.
Except for Karnataka, the collegium is learnt to have recommended names of Judges from other states to head these High Courts.
The collegium is understood to have recommended the name of Justice Subhro Kamal Mukherjee to be the Chief Justice of the Karnataka High Court. He is at present the Acting Chief Justice of that High Court.
Sources said the recommendations will be processed at the earliest and their Warrants of Appointments are likely to be issued by Republic Day.
There was no system in place between 13th April and 16th October last year on appointments to the Supreme Court and the High Courts. The NJAC Act and an accompanying Constitutional Amendment Act were notified on 13th April, but were declared as unconstitutional by the Apex Court on 16th October.
The new law had sought to overturn the collegium system and give say to the executive in appointment of Judges to the SC and the HCs.
After the return of the collegium system, which was in place for the past over 20 years, the Supreme Court collegium had restricted itself to recommending extensions for Additional Judges who are appointed for two years to ensure that the High Courts do not face shortage of Judges.
After the NJAC Act was scrapped by the Apex Court, it decided to review the functioning of the collegium system amid complaints that it was opaque.
The collegium had indicated that no new fresh appointments will be recommended till the new memorandum of procedure, a document to guide appointment of Judges, is finalised.
Government is finalising the MoP which will be approved by the collegium headed by the Chief Justice of India.
But these recommendations were made as no new person will be appointed to the Bench and serving Judges will be elevated as Chief Justices.
The Supreme Court collegium comprises the Chief Justice of India and four senior Judges of the Apex Court. When the collegium recommends names of candidates to be appointed Judges of the High Courts, it consists of three Judges including the CJI and considers the recommendation made by the collegium of that particular High Court.
When a Judge or Chief Justice of the High Court is considered for elevation as Judge of the Supreme Court, the collegium of five Judges makes the recommendation to the government.
According to the latest data compiled by the Law Ministry, out of the approved strength of 1,044 Judges in the 24 High Courts, there are 443 vacancies.
In other words, the High Courts are functioning with 601 Judges as on 1st January.
With an approved strength of 31, the apex court has five vacancies.