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consideration,” and the matter has to be withdrawn from the High Court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.
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