SC stays Madras HC order on appointment of judges Monday Jan 13,2014

The Supreme Court on Monday Jan 13,2014 stayed the Madras High Court order to maintain status quo on the process of appointing 12 judges, saying it is a “serious matter” which will be taken up by the apex court. 

The  SC also took exception to the conduct of a judge of the Madras High Court who on January 9 had walked in as a special bench was hearing a PIL against the proposed appointment of new judges and said the choice of probables was not fair.

“It is a very serious matter not only for the institution but also otherwise,” a bench comprising justices B.S. Chauhan and J. Chelameswar observed while restraining a division bench of the High Court from further proceeding with the matter. 

The SC also put in ‘abeyance’ the January 9 direction of the High Court directing the Union Law Ministry to maintain status quo in respect of the list of 12 names forwarded by the Madras High Court.

It said the “gravity of the situation” has to be taken into consideration,” and the matter has to be withdrawn from the High Court and has to be heard here (SC) by a three-judge bench. 

Note

The Constitution (120th Amendment) Bill, 2013, and the Judicial Appointments Commission Bill, 2013, seek to reform the appointment of High Court and Supreme Court judges by establishing a Judicial Appointments Commission (JAC)

The Union Cabinet on Thursday Dec 26,2013 gave its nod for conferring constitutional status on the proposed Judicial Appointments Commission (JAC) for appointment and transfer of judges to the higher judiciary.

At present, the strength of the Madras High Court is 46, against the sanctioned strength of 60. On October 25, 2013 seven persons were sworn in as Additional Judges.