Tough road ahead for next chief justice of India J S Khehar
NEW DELHI, Jan 1, 2017, DHNS
Justice J S Khehar is set to assume charge as the new Chief Justice of India (CJI) on January 4, after the outgoing head of judiciary Justice T S Thakur demits office.
As the tenure of the incumbent CJI nears an end, it is time to take a look at his achievements, but more so on the challenges ahead for Justice Khehar. Justice Thakur’s stint was marked with tussle with the government on the appointment of judges.
When Attorney General Mukul Rohatgi reminded the judiciary of ‘Lakshman Rekha’ on Law Day function in the presence of Justice Thakur, it was left to Justice Khehar to counter that judiciary has always kept to it by upholding the Constitution. Justice Khehar, it is hoped, would ease the friction with the government.
Even though the government claimed that it cleared maximum appointment of judges in the recent time, the issue would require the attention of Justice Khehar.
Notably, with the retirement of Justice Thakur, the Supreme Court itself would face vacancies for eight judges out of the sanctioned strength of 31. This becomes all the more challenging with the apex court facing pendency of 61,847 cases as on December 1. Not to forget that 24 high courts, on the other hand, are still grappling with lakhs of cases with less number of judges.
In his time, Justice Thakur persisted with his demand to the government to act promptly in filling vacancies in the judiciary. He even broke down during the conference of the chief ministers and chief justices in April, apparently showing helplessness.
After invalidation of the National Judicial Appointment Commission Act, the government, on its part, took steps for the finalisation of a fresh Memorandum of Procedure (MoP) for appointment of judges, even while maintaining that its absence would not come in the way of clearing new names.
But the subject kept on rankling the judiciary, which raised objection on several issues. As the last word on the MoP is yet to come, it would remain a major task for Justice Khehar to prepare the guiding document on the selection of judges. In his short tenure of about eight months, the new CJI would also have to take along all his brother judges in the collegium.
As the tenure of the incumbent CJI nears an end, it is time to take a look at his achievements, but more so on the challenges ahead for Justice Khehar. Justice Thakur’s stint was marked with tussle with the government on the appointment of judges.
When Attorney General Mukul Rohatgi reminded the judiciary of ‘Lakshman Rekha’ on Law Day function in the presence of Justice Thakur, it was left to Justice Khehar to counter that judiciary has always kept to it by upholding the Constitution. Justice Khehar, it is hoped, would ease the friction with the government.
Even though the government claimed that it cleared maximum appointment of judges in the recent time, the issue would require the attention of Justice Khehar.
Notably, with the retirement of Justice Thakur, the Supreme Court itself would face vacancies for eight judges out of the sanctioned strength of 31. This becomes all the more challenging with the apex court facing pendency of 61,847 cases as on December 1. Not to forget that 24 high courts, on the other hand, are still grappling with lakhs of cases with less number of judges.
In his time, Justice Thakur persisted with his demand to the government to act promptly in filling vacancies in the judiciary. He even broke down during the conference of the chief ministers and chief justices in April, apparently showing helplessness.
After invalidation of the National Judicial Appointment Commission Act, the government, on its part, took steps for the finalisation of a fresh Memorandum of Procedure (MoP) for appointment of judges, even while maintaining that its absence would not come in the way of clearing new names.
But the subject kept on rankling the judiciary, which raised objection on several issues. As the last word on the MoP is yet to come, it would remain a major task for Justice Khehar to prepare the guiding document on the selection of judges. In his short tenure of about eight months, the new CJI would also have to take along all his brother judges in the collegium.
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