An avoidable war of attrition
An avoidable war of attrition: Francis Bacon wrote in 1625, “Let judges also remember, that Solomon’s throne was supported by lions on both sides: let them be lions, but yet lions under the throne; being circumspect that they do not...
M G Warrier, Mumbai
Back to basics
The well-researched and elegantly argued article “An avoidable war of attrition” by Sanjay Hegde (The Hindu, August 17) should form the basis for resolving the impasse created by stalling of appointment of judges against existing vacancies in High
Courts. Read with the historic evidence of earlier situations when GOI and judiciary had passed through confrontations on issues, it is amply clear that the CJI’s ‘reaction’ on appointments is not a sudden outburst of anger or just an expression of disappointment. It is an indictment on the GOI machinery handling appointments.
In the recent past, the ineptness in handling appointments at the top level by Centre has been glaring. This laziness in handling appointments at higher levels do not augur well for a government which wants the nation to reform, perform and transform. After all no institution can perform efficiently with several vacancies at the top. Take note that this is additional to the constraints in attracting talent on account of abysmally low remuneration of judges compared to the income of those advocates in the ‘catchment area’.
Courts. Read with the historic evidence of earlier situations when GOI and judiciary had passed through confrontations on issues, it is amply clear that the CJI’s ‘reaction’ on appointments is not a sudden outburst of anger or just an expression of disappointment. It is an indictment on the GOI machinery handling appointments.
In the recent past, the ineptness in handling appointments at the top level by Centre has been glaring. This laziness in handling appointments at higher levels do not augur well for a government which wants the nation to reform, perform and transform. After all no institution can perform efficiently with several vacancies at the top. Take note that this is additional to the constraints in attracting talent on account of abysmally low remuneration of judges compared to the income of those advocates in the ‘catchment area’.
As new vacancies are sanctioned in government (judiciary included) and public sector after due deliberations and most of the time a year or two later from the initiating of processes, the existence of large number of vacancies at various levels directly mean heavy pendency of work. Judiciary need to get some special consideration in the matter of filling up existing vacancies, as the fate of pending court cases has a direct impact on the lives of people involved.
Government and public sector should move forward to a ‘zero-vacancy’ concept sooner than later. In such an approach, GOI may have to consider appropriate legislative measures to enable allowing retiring incumbents to continue post-retirement, on mutual consent and acceptable terms, till the successor takes over.
M G Warrier, Mumbai
Comments