Why in News?
The Union government has announced the appointment of Justice Manmohan, the Chief Justice of the Delhi High Court, as a judge of the Supreme Court of India. This decision was made by the President under Article 124(2) of the Indian Constitution. Justice Vibhu Bakhru, the senior-most judge of the Delhi High Court, has been appointed as the Acting Chief Justice of the Delhi High Court. This appointment fills one of the two vacancies in the Supreme Court, which had been created by the retirements of Justice D.Y. Chandrachud and Justice Hima Kohli.
It has led to increased judicial strength in the Court, which now has 33 judges, just one short of its full sanctioned strength of 34. The appointment also follows the recent retirements of two prominent judges, leading to the filling of these vacancies.
Challenges in Appointment:
- Judicial Independence: The appointment of judges through the Collegium system has often been criticized for a lack of transparency. There are calls for reforming this process to ensure greater objectivity and accountability.
- Judicial Vacancies: The delay in filling vacancies in the Supreme Court has been a longstanding issue. There remains a need for faster appointments to ensure the smooth functioning of the Court.
- Balance of Power: As judicial appointments are made by the executive, it raises questions about the balance of power between the judiciary and the executive. Critics argue that reforms may be needed to ensure greater autonomy in judicial appointments.
Advantages with increased appointment:
- Increased Judicial Strength: The appointment brings the Supreme Court closer to its full sanctioned strength, which can help in addressing the backlog of cases.
- Experienced Judge: Justice Manmohan’s appointment is seen as a step towards strengthening the judiciary, given his vast experience as Chief Justice of the Delhi High Court.
- Interim Leadership: Justice Vibhu Bakhru’s appointment as Acting Chief Justice of the Delhi High Court ensures continuity in leadership and helps maintain the functioning of the High Court during this transition period.
Way Forward:
- Judicial Reforms: There is an ongoing debate regarding judicial reforms, including the need for transparency and accountability in the appointment process. Potential reforms could make the system more efficient and fair.
- Filling Vacancies Quickly: There needs to be a focus on filling judicial vacancies promptly to ensure that the judiciary can operate at its full potential and manage the growing number of cases.
- Strengthening Judicial Institutions: Continued efforts to strengthen judicial institutions, including improving the speed of case resolution and ensuring independence, will help in maintaining public trust in the system.
