S. Sharma Supreme Court Advocates On Record Association v. Union of India
1988-11-15
M.N.VENKATACHALIAH, RANGANATH MISRA
body1988
DigiLaw.ai
JUDGMENT : 1. These petitions under Article 32 have been filed on behalf of the I Supreme Court Advocates-on-Record Association for a mandamus or other directions to the Union of India for filling up the vacancies in the sanctioned Judge strength in the Supreme Court and the various High Courts within a time frame. Notice was issued to the Union of India and the learned Attorney General as early as November, 1987. At the request of the learned Attorney General the matter has been adjourned on several occasions and he had assured the Court on those occasions that a substantial number of vacancies would be filled up without delay. As that has not happened, it has become necessary for us to make the following directions. 2. We would like to state that the pendency of this application is embarrassing to everyone concerned Members of the Bar, the Court and perhaps also the Government. It is, therefore, necessary that it should be disposed of expeditiously. 3. The learned Attorney General has raised the question of maintainability of the Petition 011 an earlier occasion and we have heard him at length. He has told us that he has not completed his submission on that score. If necessary a further hearing would be given to him. We would, however like to indicate that prima facie we have found no substance in his submission. It has already been decided by several Constitution Benches of this Court that judicial review is an important part of the basic structure of our Constitution and if the High Courts and this Court are not adequately manned it is not difficult to accept that the machinery for judicial review would be rendered inefficacious. The learned Attorney General has also argued that prescription of sanctioned strength does not mean that ail the posts so sanctioned should be filled up. We do not see, prima facie, force in this contention. The strength has been sanctioned obviously on the basis of satisfaction as to the need of the particular Court. Judicial notice has to be taken of the position that there has been huge accumulation in almost every High Courts and this Court. It is not the contention of the learned Attorney General that backlog is not connected with manpower in Courts. Therefore, we are of the view that the posts should be filled up without any delay.
Judicial notice has to be taken of the position that there has been huge accumulation in almost every High Courts and this Court. It is not the contention of the learned Attorney General that backlog is not connected with manpower in Courts. Therefore, we are of the view that the posts should be filled up without any delay. Learned Attorney General has again told us that all steps are being taken to fill up the vacancies and if the matter is adjourned till 7th December, 1988, there will be substantial improvement in the situation and if may not be necessary to examine the matter further. 4. In order that a final chance may be given in the matter we adjourned it to 7th of December, 1968 with a direction that if recommendations for filling up vacancies in the High Court or in this Court made upto 30th of September, 1988 (six weeks are perhaps sufficient for processing") remain undisposed of until then all such recommendations shall be placed before the Court in a sealed cover for being looked into by the Court along with an appropriate covering affidavit. 5. This direction is peremptorily and no further adjournment shall be granted. A copy of this order may be made available to both sides by tomorrow for taking steps.