New Delhi: What started out as a day to mark the adoption of the Constitution on Saturday, ended in a piercing war of words between two of its fundamental pillars.
In strong words against the central government for allegedly sitting on the appointment of judges, Chief Justice of India TS Thakur today said that there are around 500 judges' posts lying vacant in High Courts, drawing sharp rebuttals from the Union Law Minister and the Attorney General.
"There are around 500 vacancies in High Courts today. 500 High Court judges should be working today, they are not working," Chief Justice Thakur said in New Delhi. He also said there was a lack of infrastructure being provided to tribunals, due to which several of them were lying vacant.
Law Minister Ravi Shankar Prasad, however, disagreed and said the government has made 120 appointments this year.
"Since 1990, there have only been 80 appointments. There are 5,000 vacancies in lower judiciaries in which the Government of India has no role to play. That is something for only to judiciary to take. As far as infrastructure is concerned, that is a continuous process," Mr Prasad said.
Attorney General Mukul Rohatgi, the government's top lawyer, countered Mr Thakur as well, stressing the need for "introspection" by the judiciary. "Everyone must remain within the Lakshman Rekha (sacred boundary). The framers (of the Constitution) did not want a situation where someone acts above another," he said.
Responding to Mr Rohatgi's jab, Supreme Court Justice Jagdish Khehar, in line to succeed Mr Thakur, said, "Judiciary is expected to shield all citizens against abuse of state's power. If this armour is stripped, then the door is open to nullification and anarchy."
But the remark drew yet another retort from the government, as minister Ravi Shankar Prasad said, "Justice Khehar spoke of the emergency... Must remind [him] that during the Emergency, the Supreme Court had failed us. Governance must be the preserve of those elected to govern."
The episode came as the latest in an ongoing tussle between the government and judiciary over the appointment of judges. Both the sides have accused each other for an acute shortage of judges in multiple levels of the judiciary while many eminent jurists have said the appointment process needs reform.
In strong words against the central government for allegedly sitting on the appointment of judges, Chief Justice of India TS Thakur today said that there are around 500 judges' posts lying vacant in High Courts, drawing sharp rebuttals from the Union Law Minister and the Attorney General.
"There are around 500 vacancies in High Courts today. 500 High Court judges should be working today, they are not working," Chief Justice Thakur said in New Delhi. He also said there was a lack of infrastructure being provided to tribunals, due to which several of them were lying vacant.
"Since 1990, there have only been 80 appointments. There are 5,000 vacancies in lower judiciaries in which the Government of India has no role to play. That is something for only to judiciary to take. As far as infrastructure is concerned, that is a continuous process," Mr Prasad said.
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Responding to Mr Rohatgi's jab, Supreme Court Justice Jagdish Khehar, in line to succeed Mr Thakur, said, "Judiciary is expected to shield all citizens against abuse of state's power. If this armour is stripped, then the door is open to nullification and anarchy."
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The episode came as the latest in an ongoing tussle between the government and judiciary over the appointment of judges. Both the sides have accused each other for an acute shortage of judges in multiple levels of the judiciary while many eminent jurists have said the appointment process needs reform.
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