Saturday 21 February 2015

Madras High Court Advocates Association moves the Madras High Court challenging the list of 9 persons forwarded by the collegium for appointment as judges



The Madras High Court Advocates’ Association (MHAA) has filed a writ petition before the Madras High Court seeking a direction to the Supreme Court Secretary-General and others to send back the list of nine persons recommended for filling vacancies of judges in the Madras High Court.
 
Madras High Court

At present, there are 18 vacancies in the High Court. The sanctioned strength of judges is 60. A similar situation was witnessed in January last year when a PIL was filed seeking the return of a list of 12 names suggested then by the High Court collegium. The list was ultimately sent back.

In the present petition, the MHAA secretary, S.Arivazhagan, submitted that the High Court collegium had recommended nine names for appointment. The association had requested the court to consider persons from unrepresented communities in strict compliance with the constitutional mandate of achieving social justice.

The association said the present collegium system of selecting judges was much criticised by experts and advocates. Ultimately, the sufferers were the litigant public. It was being openly spoken at the Bar that some judges appointed were indecisive due to non-exposure in various fields of law. Despite the increase in the number of judges, quality and quantity of disposals had remained unsatisfactory. This was because in the collegium system there was no yardstick for selecting suitable candidates. The process of consultation was conspicuously absent.

The petitioner said the association wanted the entire vacancies to be filled up by upholding social justice. The Association has sought for a direction to the authorities concerned to drop the present move of appointing nine persons as judges to the 9 vacancies in the Madras High Court and for a direction to them to redo the same afresh, after taking into consideration the demands of the advocates.
 

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