No Mention of Judge’s Appointments by PM Modi Upsets CJI Thakur

The senior-most judge in the country resorted to shaayari to get his point across.

Prime Minister Narendra Modi and Justice T S Thakur during a programme in New Delhi, 9 November, 2015. (Photo: Amlan Paliwal/IANS)

In a sign of his growing frustration against the government on the issue of judicial appointments, India’s senior-most judge, Chief Justice of India (CJI) TS Thakur remarked on the lack of mention of the issue in Prime Minister Narendra Modi’s Independence Day speech.

I heard Prime Minister Narendra Modi and Law Minister Ravi Shankar Prasad’s speech and was hoping there would be something on appointment of judges. However, the PM’s speech disappointed me. I request the government to pay attention to the issues plaguing the judiciary, especially the appointment of judges.

TS Thakur, Chief Justice of India

The CJI’s remarks triggered a host of political responses.

Congress leader Rajiv Shukla commented on Thakur’s remarks saying that “there is confrontation going on between legislative and judiciary which is not good for the country. This should be sorted out through dialogue. It is a big allegation and Centre should clarify”.

Former Attorney-General of India, Soli Sorabjee, also commented on the issue, in an interview with News 18.

Appointment of judges is a matter of grave importance to the nation. PM Modi should have spoken about it today.

Stressing the need for Modi government to consider the rising burden of judges due to vacancy and pendency of cases, Thakur said:

he government is doing great work for its people, but they should also think about the judiciary system of this country. During British era, verdict in a case used to come out in 10 years, however, today’s even 100 years are not enough to give a verdict in a case, thanks to the lacking number of judges in courtrooms today.

In a public function where Law Minster Ravi Shankar Prasad was also present, Thakur resorted to shaayari (couplets) to get his point across.

Gul Phenke Hain Auron Ki Taraf Balki Samar Bhi Ai Khaana-Bar-Andaaz-E-Chaman Kuch To Idhar Bhi (I have strewn flowers and thrown fruits [advantages] in others’ direction But a house modelled modelled after a flower-bed is here as well.)

A Supreme Court bench headed by CJI Thakur last week came down heavily on the Centre for non-compliance of the Supreme Court collegium’s decision for transfer and appointment of judges.

In strong words, the apex court questioned the Centre over its decision to stall the recommendations of the collegium, accusing the Centre of trying to bring the process of judicial appointments to a halt in the country as even transfers and appointments of chief justices of high courts have not taken place.

The collegium has cleared 75 names of high court judges for transfer or appointment but they have not been approved. I don’t know why, where these files are stuck... Courts on verge of collapsing...High Courts functioning at just 44 percent... Accountability must be fixed for delay in appointments. The vacancy in high courts has risen to 43 percent. The whole system is collapsing.

Supreme Court to the Government