Saturday, 22 June 2019

CJI writes to PM Modi, looks for an increase in number of SC judges

New Delhi, Jun 22 Chief Justice of India Ranjan Gogoi has written to Prime Minister Narendra Modi trying to build the quality of judges and raise the retirement age of high court judges to 65 years.

Gogoi has also urged the prime minister to make tenure arrangements of resigned zenith court judges and high court judges under Articles 128 and 224A of the Constitution separately to clear backlog of cases pending for years.

The CJI, who wrote three letters to the PM, said there was a pendency of 58,669 cases in the top court and the number was increasing due to filing of more fresh cases.

Due to paucity of judges, the required number of Constitution seats to choose significant cases including inquiries of law were not being shaped, the CJI said.

"You would recall that route in 1988, around three decades back, the judge quality of the SC was expanded from 18 to 26, and afterward again following two decades in 2009, it was expanded to 31, including the CJI, to speed up transfer of cases to keep pace with the rate of establishment," he composed.

"I demand you to generously consider, on top need, to increase the judge-quality in the SC suitably with the goal that it can work all the more proficiently and adequately as it will go far to achieve extreme objective of rendering auspicious equity to the prosecutor open," Gogoi composed.

He said that however the size of the feeder unit of boss equity and judges of the high courts has expanded previously yet the quality has not been expanded relatively in the top court.

In his second letter, the CJI urged Modi to consider carrying a protected revision to expand the retirement time of high court made a decision from 62 to 65 years.

"One of the prime reasons why we are not ready to contain the regularly developing pendency is deficiency of HC judges. At present, 399 posts, or 37 percent of endorsed judge-quality, are empty. The current opportunities should be filled right away. Be that as it may, notwithstanding best endeavors put in by all partners, it has not been conceivable to designate judges to bring the working judge-quality anyplace near the authorized judge-quality," Gogoi wrote.

The CJI also wrote that the retirement period of high court judges ought to be raised by three years to 65 years.

"This, thus, would help in improving the opening position and therefore diminishing pendency of cases. This would also be in consonance with the (rehashed) suggestions made by parliamentary standing boards of trustees," he composed.

Gogoi further stated, "A judge sets aside some effort to develop and when he is in a situation to put inventive musings dependent on rich experience to rehearse, he winds up nearing retirement. This can be maintained a strategic distance from if the time of retirement is raised to a proper dimension with the goal that his huge experience, further knowledge and mastery can be used for a more drawn out period."

"In my view also, if retired HC judges are considered for appointment in tribunals beyond the age of 62 years, they may continue in HCs up to 65 years. The proposal suggested will ensure continued availability of more experiences judges for a longer tenure," he wrote.

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